21160 


TC 977 
.M6 S25 
Copy 1 

The Brief of a Farmer 
In a Drainage Proceeding 

#tate of Minnesota 

In GInurt 


GDrlnber ulrrm, 1919 


State ex rel, 

P. C. WESTERGARD, 

Relator. 

vs. 

District Court of Stearns County, Minn. 

Respondent. 


Hrief of Appeal from Stearns (Enmtlp 

C. R. SANDVIG, Appellant. 



Journal Publishing Company. Grantsburg, Wis. 













THE FOLLOWING AFFIDAVIT PROVING THE 
UNDERHANDED WORK OF CHRIST BORGER- 
DING IN OTHER DITCH CASES WAS OB¬ 
TAINED TOO LATE TO BE PRINTED AMONG 
THE OTHER AFFIDAVITS AND QUOTATIONS 
AND IS THEREFORE PRINTED HERE. 


There was at the time I purchased the farm on 
which I am now living a county ditch which had been 
dug about three years before. The total assess¬ 
ments of this ditch against my farm had been about 
$760. When a second ditch was laid out that would 
effect my farm I wanted to object. I asked the cash¬ 
ier of the Scandinavian Bank of Brooten if he had 
the list of assessments. He said he had, and that my 
assessments were $125. Later I saw Christ Borger- 
ding of the North American State Bank, of Belgrade, 
and told him the cashier of the Scandinavian Bank 
of Brooten had told me my assessments were $125. 
Mr. Borgerding then said, “that is about what it is, 
$125.” Then he said,“I have the list here, it isn't 
much—about $125.” He then pretended to look for 
the list among some papers but pretended he could 
not find it just then. He then talked quite a while 
advising me that it would be useless to try to fight 
the ditch. That the surveyor had figured out the 
benefits and the viewers would go according to 
those figures, so it would be useless to try to fight the 
ditch. When the ditch was dug I found my assess¬ 
ments were $350 on land in my own name, and $140 
on a 40 that is in my son's name, but I am paying 
the assessments and am using the land. 

FRANK SMITH. 

State of Minnesota 4 
County of Stearns ' ss 
Village of Belgrade ) 

Frank Smith appeared before me and after be¬ 
ing duly sworn, deposes and says that the above 
statement is the truth and nothing but the truth. 

> FRANK SMITH. 

Subscribed and sworn to before me, the village 
clerk, of the village of Belgrade, this the 29th day of 
July, 1919. 

(SEAL) OLE HENDRICKSON, 

Village Clerk. 


2 - 

<p 



It is an established fact, known to be so, and 
admitted to be true, by all civilized people that the 
most important spot to any individual in this world 
is that individual’s home.— (Page 5.) 


In view 5-D, we have a view of the lakeshore as 
seen from the bedroom windows during the blooming 
of the plums and compass cherries in spring time. 
The view is so taken as to show the window sash on 
either side. This does not represent the view that 
I and my family see from the bed room window at 
all times. A view of the lake is not like a painting. 
It is changeable; it changes with the seasons; it 
changes with the shades of light, as for instance 
with sunrise, mid-noon, sunset, and the various 
shades of moonlight. (Page 78.) 


of Minnesota 

in ffinurf 

(©richer (Herat. 1919 


State ex rel, 

P. C. WESTERGARD, 

Relator. 

vs. 

District Court of Stearns County, Minn. 

Respondent. 

!raf flf Appeal from 9t?antH (Emtntjj 

C. R. SANDVIG, Appellant. 


THE BRIEF OF A FARMER 

In a Drainage Proceeding, Involving the Drainage of 
a Beautiful Lake With a Depth of 10 to 30 feet. 
Having, However, a Greater Volume of 
Muck in its Basin Than Water. 

With unerring detective instincts the “farmer” 
weaves the meshes of “other interests” than agricul¬ 
tural interests about the promoters of this “ditch.” 
With the skill of a born lawyer he traps the members 
of a clever gang of conspirators in their efforts to 
“frame up” the evidence and exposes the illegal 
methods of manipulating the drainage laws for the 
benefit of “other interests” than agricultural inter¬ 
ests. With the comprehensive knowledge of a nat¬ 
ural scientist he unveils the all too often unthouehr 
of but actual benefits of so-called shallow mud lakes 
and marshes and puts into his “brief” a veritable 
encyclopedia of drainage knowledge. 






2 


CROSS EXAMINATION OF STATE’S WIT¬ 
NESSES, EVIDENCE AND TESTIMONY EY 
C. R. SANDVIG—(“THE FARMER”) BEGIN¬ 
NING ON PAGE 62. 

Truth and Justice is the foundation of civilized 
law. Any law that can not be enacted except with 
perjury and injustice, is not a civilized law; there¬ 
fore, is not constitutional in a civilized land. Any at¬ 
tempt to enact any measure based on any law by re¬ 
sorting to perjury and injustice is contrary to law. 

General complaints have been made by farmers 
and farmers’ clubs that the working out of the drain¬ 
age laws has amounted to confiscation of property. 
In other words, ditches have been forced upon farm¬ 
ers in the name of the drainage laws, where the as¬ 
sessments and other expenses incidental to drain¬ 
age consumed the entire value of the land against 
which the assessments were made without bringing 
the farmers any improved means by which they 
could meet these assessments. Such ditches have 
not been legally ordered; either the laws have not 
been constitutional, or the “evidence” on which these 
ditches were ordered has been “framed up” contrary 
to law, justice and good usage. 

When, last fall, a fire swept the northern peat 
bogs and timbered lands, about one thousand human 
beings being burned alive, investigation was de¬ 
manded, and investigation has been made. Evidence 
brought to the attention of this investigation 
indicated that the fire had smoldered in drain¬ 
ed peat bogs; and, further that as a result of drain¬ 
age there was less dew and less humidity, and 
doubtless less rain fall. Any or all of which 
resulted in a drier leaf mulch in the tim¬ 
ber—the dry leaf mulch being directly responsible 


3 


for the extent of the disaster. This evidence implies 
that the one thousand victims who were burned 
alive did not meet a natural death, but were mur¬ 
dered by those who were directy responsible for 
bringing about this drainage by illegal methods. 

The drainage laws have been made to promote 
and safeguard agricultural interests; where, how¬ 
ever, these drainage laws are illegally manipulated 
by or for “other interests” than agricultural inter¬ 
ests they have resulted as above indicated in confis¬ 
cation of property, arson, and manslaughter. 

The estimated cost of Judicial Ditch No. 3, of 
Stearns and Kandiyohi Counties, has been placed at 
$103,000. Compound interest at 8 per cent on $100,- 
000 for only twenty years would amount to $366,000, 
—interest alone; and, compound interest at 8 per 
cent for twenty years more would amount to a total 
of $2,071,560 in interest alone. 

It is a well known fact that Christ Borgerding, 
a local banker, and his attorney, Mr. Tolman, worked 
for this drainage project before a single farmer had 
been found who would sign a drainage petition. It 
is further known that this banker finally interested 
farmers in the petition, and obtained signers to the 
same by the grossest misrepresentations. 

To safeguard farmers against being mislead by 
such “interests” as would be benefited by the very 
money farmers would have to pay out for a ditch, and 
the gross though cunning misrepresentation of such 
“money sharks,” the drainage laws have wisely pro¬ 
vided that an engineer and viewers shall be ap¬ 
pointed to make a professional and disinterested re¬ 
port upon the feasibilities of the drainage project, 
the cost and damages, and benefits of the same. 

When signatures were being obtained on the 
drainage petition, it was represented that on such a 


4 


large project drainage would be cheap, and would 
not cost more than two nr three dollars per acre, and 
positively not more than four or five dollars per acre. 
The engineer’s and viewers’ reports have corrected 
such gross misrepresentation by showing approxi¬ 
mately just what it will cost, which is several times 
higher than the highest figures named above. One 
man who was reported to favor the project so long 
as he knew nothing about the cost, except this bank¬ 
er’s modest figures, was reported to have become so 
enthusiastic as to declare that he would be willing 
to pay $500 for the benefits to his farm. That same 
man had something else to say when he found he 
would be assessed $2,000; but, was then given to un¬ 
derstand that it would do him no good to say it;— 
was in fact, warned by this very banker that he 
might as well go across the sea and try to stop the 
World War as to try to stop that ditch. It had been 
asserted that Crow Lake was so shallow you could 
wade across it with rubber boots. The engineer’s re¬ 
port shows that it would take a giant with rubber 
boots ten to thirty feet high to wade along the route 
of the ditch. 

These incidents will show how wisely the drain¬ 
age laws have been designed to protect the farmers’ 
interests against unscrupulous “money sharks” who 
are interested in nothing except the money the farm¬ 
ers would have to raise to pay for the ditch. How¬ 
ever, if these “money sharks” can affect an under¬ 
standing with the judge, or in other words, to use a 
common phrase—“can fix the judge,” then the 
very provision of the law—to safeguard the farmers 
—can be so manipulated by the judge in the interests 
of Hie “money sharks,” as to leave the farmers a 
hundred-fold wcrse off than if there were no drain¬ 
age k.ws, and the farmers were left to work out their 


5 


drainage problems in a neighborly way among them¬ 
selves. Since the judge has it in his power to ap¬ 
point the engineer, he can appoint an engineer that 
will lay out a ditch the cost of which will be of the 
greatest posible benefit to “the other interests” than 
agricultural interests; and, can appoint viewers who 
will report “benefits” in excess of costs regardless of 
truth and justice, thereby turning the wise and just 
provisions of the law into a boomerang. 

It is a fact known to all who attended the first 
hearing on Judicial Ditch No. 3 of Stearns and Kan¬ 
diyohi Counties, that the judge with an understand¬ 
ing smile turned to this banker’s attorney; also, nom¬ 
inally attorney for petitionists, and asked him to 
suggest names of the men he wanted as viewers; and, 
that the viewers were appointed by the judge in con¬ 
spiracy with the aforesaid banker’s attorney. It is 
also a fact known to all who are familiar with this 
case that the judge appointed as engineer a man no¬ 
torious throughout his county as a confirmed and 
habitual drunkard, doubtless for the obvious reason 
that no engineer with a worthy character and clean 
reputation would so debase himself and his profes¬ 
sional standing as to lay out such a ditch as was 
required by the “other interests” than agricultural 
interests in this case and report such a project as 
desirable and feasible. 

The drainage laws assume that a drainage pro¬ 
ject will result in both benefits and damages, and 
that the project will cost a certain sum of money. 

In reviewing the cross-examination of the viewer, 
Mr. Lahr, by Sandvig, in both the Sandvig case and 
the Kalland case, it is evident that the viewers have 
not fulfilled their duty according to oath. 

It is an established fact, known to be so, and 
admitted to be true, by all civilized people that 


6 


the most important spot to any individual in this 
world is that individual’s home. 

If a slaughter house, or a noisy, smoky factory, 
is about to be located in some part of a large city, how¬ 
ever desirable the institution may be as an addition 
to the city from an industrial or money standpoint, if 
objections arise from the HOMES of the city against 
the noise and smoke of a factory, or the bellowing of 
bulls, and the stench of blood of a slaughter house, 
million-dollar industries have had to go a-begging for 
a spot on which to locate, because they were objec¬ 
tionable to the HOMES of peope who dwell in cities. 

A beautiful and valuable lake is about to be 
drained. The viewers have given no more or even as 
much consideration to how the drainage of this lake 
will adversely affect the beauty and health of the 
homes of the farmers affected than if these farmers 
and their families were mere animals. In the case of 
Mr. Sandvig’s home, Mr. Lahr does not even admit 
having any knowledge as to whether there is or is 
not on that property a home on the lake shore. The 
same as to Kalland’s home, (with reference to the 
ditch). The same as to Kittleson’s home. Posed for 
a photograph taken by petitioners, but for obvious 
reasons not presented by them, but the identical 
same photograph obtained and presented by Mr. 
Sandvig, taken about forty rods south of Pierce’s 
buildings; Mr. Lahr is forced to admit the knowledge 
of “some buildings” on that place; “some buildings,” 
just “some buildings.” That is the way this witness 
of the state designates the home of a farmer. “Some 
buildings”—a pig shed, a horse barn, a cow stable, a 
chicken coop; just “some buildings.” The viewers do 
not go up to those buildings to investigate whether 
there may not be among those buildings, or whether 
those buildings as a whole, do not comprise the ordi- 


7 


nary farm factory for converting the raw material of 
the farm into the finished commercial products of 
butter-fat, beef and pork, and eggs and poultry, etc., 
etc.; and whether there is not among those buildings 
the home of a human family—the most important 
spot in the world to that family. The viewers do not 
investigate whether that home and farm factory 
may not be adversely affected by the draining of the 
lake that is a part of these farmers’ homes. 

In the state-wide scheme for manipulating the 
drainage laws for the benefit of “other interests” 
than agricultural interests, the Supreme Court has 
ruled that the testimony of viewers is prima facie 
evidence, thereby, not only making the wise and just 
provisions of the drainage laws which provide that 
“interested property owners shall be heard as to ob¬ 
jections, testimony and arguments,” of non-effect, 
but converts that wise and just provision of the law 
into a boomerang, which still further increases the 
benefit of a drainage project to “other interests” 
than agricultural interests; and, increases the burden 
and injustice of the drainage project as it affects the 
farmer. The ruling of the Supreme Court that the 
testimony, or evidence, of the viewers is prima facie 
evidence, makes it possible for a “fixed judge” to 
frame up his ruling on the testimony and evidence of 
these members of a gang of conspirators. These 
hirelings, appointed in a conspiracy, between a “fixed 
judge” and the regular attorney of the very banker 
who is the promoter of the ditch, for the benefit of 
“other interests” than agricultural interests. So long 
as the testimony of the viewers is prima facie evi¬ 
dence, the judge may “find” that there is no such a 
thing as a home, the abiding place of a human fam¬ 
ily, and the most important spot in the world to that 
family, where the viewers testify that they did not 


8 


see and have no knowledge of the home—the testi¬ 
mony of the viewers is prima facie evidence. The 
farmer who lives in that home, to whom that home 
is the most important spot in the world, and who 
alone can say how great will be the damages to that 
home by the drainage of a lake, that is one of its 
chief attractions, may hire lawyers, and lawyers are 
one of the “other interests’' than agricultural inter¬ 
ests that profit by drainage projects. The lawyers 
may put the farmers on the witness stand, and make 
the hearing lengthy, and expensive—an expense 
which like a boomerang is finally forced back upon 
the farmers. After days of mental strain, expense, 
and absence from the management and work of the 
farm, the farmer hears the lawyers literally give him 
the “horse laugh,” as the lawyers remind the court 
that “the Supreme Court has ruled that the testi¬ 
mony and evidence of the viewers is prima facie evi¬ 
dence that the testimony of these state’s witnesses 
is the testimony of disinterested experts, while the 
testimony and evidence of the farmers is partial and 
biased, and unreliable, because the property owners 
are INTERESTED. Either this kind of viewing by 
viewers supposed to represent the state, but who, in 
fact, represent only the interests of “other interests” 
than agricultural interests will have to be corrected 
by law, by making the very letter of the law effective, 
by appointing only viewers who are disinterested 
parties and requiring these viewers to do their full 
duty, and not merely to frame up benefits in excess of 
the estimated cost of a ditch, regardless of truth and 
justice; or, the day may come when this kind of 
viewing and this method of “framing up” evidence 
may be corrected by horse-whipping, a coat of tar- 
and-feathers, or lynching; if farmers, persecuted and 
insulted beyond endurance, shall ever bethink them- 


9 


selves to employ in defense of their living and their 
homes the very methods inaugurated by the political 
gang in office against certain farmers’ and laborers’ 
candidates, or men representing these farmers’ and 
laborers’ candidates, in the pre-election activities of 
1918 in Minnesota. 

Farmers can not be expected to submit forever 
to the insult of having state witnesses testify that 
they do not even know as the farmer has any home 
on the lake shore; and, then when the farmer who 
lives in that home, and to whom that home is the 
most important spot in the world testifies and pre¬ 
sents evidence that he does have a home on the lake 
shore and that money can not pay the damages to 
that home by the draining of the lake—one of its 
principal attractions—only to have the lawyers re¬ 
mind the judge that the testimony of the viewers 
is prima facie evidence, and the testimony of the 
farmer is partial, biased and unreliable, because HE 
is INTERESTED. 

The viewer, Mr. Lahr, testifies that he is an old 
acquaintance of Christ Borgerding, the banker—an 
acquaintance of the kind who is always treated to a 
cigar when they meet. Mr. Lahr, also testifies that 
he was in nightly consultation—or what could 
amount to the same—with Christ Borgerding while 
performing the duties of a viewer. Mr. Lahr does 
not deny that Christ Borgerding discussed the ditch 
with him more than any other individual. Mr. Lahr 
admits that Christ Borgerding is interested in drain¬ 
age in a general way. It is not claimed that 
Christ Borgerding has any land that would 
be affected, so he can not be directly interested. 
It is charged that Christ Borgerding is interest¬ 
ed in a general way—as a banker. And as a banker 
might profit to the extent of over $2,000,000 in com- 


10 


pound interest in forty years on the cost of the ditch, 
should all farmers borrow all money from him to pay 
all assessments on 8 per cent notes and continue to 
pay interest and compound interest for forty years. 
As Borgerding had the only bank in Belgrade at the 
time definite activity was launched by him and his 
attorney on this drainage project, the above assumed 
probability may not be over-drawn. 

There can be no just and lawful administration 
of the draniage laws so long as “other interests” than 
agricultural interests are permitted to influence the 
court, lawyers, viewers and the engineers in a drain¬ 
age proceeding. 

It is well known that Banker Borgerding invit¬ 
ed one farmer who would be adversely affected by 
floodwater at the lower end of the ditch, into his of¬ 
fice and proposed a settlement—suggesting one 
hundred dollars, one hundred fifty dollars, or may 
be two hundred dollars—as damages; arguing that 
it would be better to take a couple of hundred dollars 
that was offered, rather than leaving it to the uncer¬ 
tainty of making a settlement later. When this 
farmer refused, Banker Borgerding suggested that 
he come in again when the viewers came around, as 
he knew the parties well, and they would talk the 
matter over with them. 

The following is a signed statement from an¬ 
other farmer: 

“Christ Borgerding assured me that he would 
talk the matter over with the surveyors and see to 
it that I get damages for land flooded by the pro¬ 
posed Judicial Ditch No. 3.” 

(Signed) AUGUST SONSTERGARD. 

It is, also, generally known that certain farm¬ 
ers complaining to Banker Borgerding that the ditch 
was so laid out as to cut off a corner of their land, 


11 


were assured by this Banker Borgerding that HE 
would see to it that the course of the ditch would 
be so changed as to be on the lines. 

The drainage laws have provided that a ditch 
shall be laid out by an engineer for the very wise 
provision that an engineer shall by his professional 
knowledge cut across corners whenever the saving 
in the construction of the ditch by so doing will ex¬ 
ceed the reasonable damages that may be paid for 
the corner so cut off. 

It is public knowledge that this Banker Borger¬ 
ding appeared in the Court House in St. Cloud, De¬ 
cember 27, 1917, being the time set for the final hear¬ 
ing on Judicial Ditch No. 3, of Stearns and Kandi¬ 
yohi Counties, and did personally make overtures to 
two of the objectors at lower end of ditch, in which 
he tried to obtain their agreement to withdraw their 
objections, if the ditch were stopped before 
coming to their properties, and thus eliminating 
their asesssments. No changes in the course and 
length of the ditch could legally have been made at 
this time, except by the Court. Christ Borgerding’s 
conduct assumed that any arrangement made by, or 
with him, would be carried out by the Court; indicat¬ 
ing that there must have been an understanding be¬ 
tween himself and the Court. 

The plan of the ditch to drain Crow Lake bears 
on the face of it the evidenec that it was made for 
“other interests” than agricultural interests, and 
without any consideration whatsoever for agricul¬ 
tural interests. A ditch only four feet wide at the 
bottom, seventeen and one half feet deep, and per¬ 
fectly level for three miles, would not drain to its 
bottom, though concrete retaining walls were provid¬ 
ed to hold back the muck and soils. The water would 
back up. Slime, moss and drift mud would form in 


12 


its bottom. It would not with concrete retaining 
walls be effective to its bottom throughout its level 
length. Without concrete retaining walls any kind of 
soil would cave in, and make the ditch uneffective to 
its lowest depth throughout its level length. 

Sandvig’s testimony on cross-examination 
shows by quoting actual proofs in every instance 
just what would happen in muck. “Muck lends itself 
very readily to being moved with water.” To obtain 
a constant supply of muck in irrigation water sucked 
from lake bottom, it is necessary to loosen up the 
muck since the muck weighing only eight ounces per 
gallon more than water, does not readily cave or flow 
to the pipe so long as supported by the weight of 
the water. However, if a shovelful of muck is lifted 
to the surface it instantly spreads out by its own 
weight like soft pancake batter. This is just what 
would happen in the ditch. The ditch draining off the 
water—left with no water to support its weight, the 
muck would flatten right out into the ditch. The 
effect of draining out the water of the lake and leav¬ 
ing the muck to settle a year before digging through 
the muck of the lake is explained with proof by 
Sandvig. A scraperful of muck dumped on top of 
the dry ground in the driest season ever known, with 
the dry ground exerting a tendency to absorb mois¬ 
ture from underneath, in an exceptionally dry season 
with little or no rain to keep it moist, in the form of a 
small mound which would readily shed any rain that 
might fall, a small quantity—only a scraperful, ex¬ 
posed to the drying effect of sun and wind. Yet the 
following year there was water enough in this muck 
beneath the immediate surface so that water could 
actually be squeezed out of it. The muck of Crow 
Lake left in the lake basin, undisturbed for a year, 
supported by the underground water, and receiving 


13 


on its surface normal rain and snow water, and the 
water flowing in upon its surface from the Crow 
Lake water shed, would not even on its surface be 
dried out as much as a single scraperful of muck 
dumped on top of the dry ground. The muck would 
flatten out into the ditch. 

State’s witness, Engineer Bradly, testified on 
cross examination by Sandvig that some plants draw 
sustenance from air and water. 

State’s witness, Engineer Chute, on cross ex¬ 
amination by Sandvig, testified that he had seen evi¬ 
dence of slough grass sod, creeping out into the 
lake in some places. Further testified that 
this slough grass sod, when once covering the 
lake would aid materially in holding the muck to¬ 
gether, so that it would not run out like soup; and, 
further testified that a lake may so grow together 
as to dry up without drainage; and, further testified 
that it would take several centuries before Crow 
Lake would be so covered with slough grass sod to 
hold the muck together as to make drainage really 
feasible. This drainage project is, therefore, accord¬ 
ing to Engineer Chute’s own testimony, premature 
by several centuries. The plan to dig a ditch 
through Crow Lake seventeen and one-half feet deep 
at the outlet, and level for three miles with a bottom 
four feet wide, is therefore, a plan pre-eminently to 
dig such a ditch for the benefit of such interests as 
would be benefitted by the very money the farmers 
would be required to pay for said ditch, and not for 
the benefit of the farmers. That such a ditch 
under such conditions would drain Crow Lake dry, 
and make of its bed good agricultural land may be 
testified to by an engineer and viewers who have 
committed themselves to “framing up” evidence by 
which this ditch can be “legally ordered,” but the 


14 


whole plan is contrary to well known engineering 
and agricultural knowledge. The evidence of Mr. 
Sandvig leaves nothing of the “feasibility” of such 
a plan. The evidence of Mr. Sandvig is the evidence of 
a natural scientist of no mean standing—it is more, 
it is the evidence of a natural scientist who has 
devoted a dozen years of constructive research in ex¬ 
perimenting with muck of Crow Lake, who gives evi¬ 
dence and answers every question by quoting an ac¬ 
tual test, experiment or proof, bearing directly upon 
evidence given; and, whose constructive research has 
blazed the trail of a “better way” for utilizing muck 
lakes for agricultural purposes than by draining. 
Testimony with exhibits on the latter subject is 
given in Sandvig’s evidence, and the judges are 
referred to the same. However, for strategical rea¬ 
sons this subject will not be given further treatment 
here. 

It is a well known fact that some lakes if thor¬ 
oughly and effectively drained do instantly produce 
good crops, while other lakes, though thoroughly 
and effectively drained, do not produce crops worth 
the cost of cultivating, and therefore, though drained 
are worthless. The following statement on this sub¬ 
ject, is now general knowledge, by Dr. All way, 
Chief of Division of Soils, University of Minnesota, 
and therefore, nominally the highest authority on 
the subject in the state, made in reply to questions 
at the Minnesota State Horticultural Convention, and 
published in the Horticulturalist for June 1916, reads 
as follows *****: 

The next question is—“Are the black peat 
or muck soils first class ? Do they need anything 
besides drainage ?” Some of them, a very few, 
produce really good crops when they are drain¬ 
ed, plowed and brought under ordinary cultiva¬ 
tion without fertilization, but only a few. Near¬ 
ly all of them need commercial fertilizer, and 


15 


until a bog covered with peat soil has been 
carefully examined to ascertain the depth of the 
peat, the difficulty of drainage, and the charac¬ 
ter of the peat (because peats differ greatly 
within a few miles of each other) it is unwise 
to attempt to reclaim it. Within three miles of 
the experiment station we have three bogs very 
different in character. One, about half a mile 
from the buildings, is heavily charged with 
lime. Another has an exceedingly small quanti¬ 
ty of lime so that profitable crop production of 
any kind would be out of the question without 
a heavy application of ground limestone or 
quicklime. Still another one stands between 
these two. One of them can be reclaimed with¬ 
out any great expense, but with the one it would 
be a very expensive matter to fertilize and treat 
with lime after it had been drained. 

Practically all peats are lacking in potash. 
If the peat layer be very shallow, six inches, 
twelve inches, sometimes even twenty-four 
inches, the plants are able to get their roots 
down through the peat and get their potash 
from the underlying clay or loam. In that 
case no fertilizer is needed. Some of the peats 
lack lime, some of them lack lime, potash and 
phosphoric acid, and some these three and 
nitrogen also. 

The mere testimony of a civil engineer and ditch 
viewers that a lake bed will be worth any given sum 
per acre after a specified ditch has been dug is not 
prima facie evidence. In view of the fact that it is 
general knowledge that some lake beds, though 
drained, do not produce crops sufficient to pay actual 
expense of working them, and are therefore a liabili¬ 
ty to the farmers upon whom they have been forced 
by illegal manipulation of the drainage laws. Any 
price whatsoever can not legally be placed on any un¬ 
drained peat or muck land until that peat or muck has 
been proved by farm tests to have a value in that it 
produces crops of greater value than the costs of 
working the land; or, at least by making soil analysis 
by a soil expert of the composition of the soil or muck 
to be drained, and computing by an impartial soil 


1G 


expert that such soil and muck does, according to 
soil tests, contain the elements requisite for profit¬ 
able farming. 

State’s witness, Engineer Bradly, testified on 
cross-examination by Sandvig that the muck of Crow 
Lake had not been analyzed by any soil expert. It is 
not, therefore, proved by any evidence that the bed 
of Crow Lake would have any value whatsoever, even 
if the impossible ditch should drain it dry, which it 
will not. 

I submit to the Supreme Court that the proceed¬ 
ings in the case of Judicial Ditch No. 3, of Stearns and 
Kandiyohi Counties, have been performed by the 
Court, the engineers and the viewers contrary to law. 
The finding of the said Court under these conditions 
is therefore contrary to law, and must be reversed as 
far as it applies to Crow Lake. The petitioners, 
through the State’s witness, Henry Hendrickson, 
claim that seepage from Crow Lake affects the lands 
of Henry Hendrickson, about three miles below the 
lake, and Sandvig has given evidence that for simi¬ 
lar reasons the big ditch would lower the under¬ 
ground water. The lake being maintained by the 
seepage into the lake by this underground water, on 
account of the underground water, standing higher 
in the gravelly hills, around a goodly portion of the 
lake, than the lake level. 

Sandvig also has given evidence that the digging 
of ditches or deepening of ditches has lowered and 
does lower the underground water. It would be vain 
to stop the ditch from draining Crow Lake by run¬ 
ning through the lake and still have the lake drained 
by digging a deep ditch at Henry Hendrickson’s, or 
at any other point, on the main ditch or laterals com¬ 
prising Judicial Ditch No. 3, which would so lower 
the underground water as to cause the water of Crow 


17 


Lake to dry up, leaving only a soupy muck, which with 
the water removed would be an eyesore and a menace 
to health. It is, therefore, in evidence that in order 
that the reversing of the ruling as to draining Crow 
Lake shall be made effective. The ruling as to dig¬ 
ging any portion of Judicial Ditch No. 3, of Stearns 
and Kandiyohi Counties, must be reversed; and, it is 
demanded that the entire ruling be reversed. 

Another point too important to be overlooked is 
the fact that at the time of the final hearing on Judi¬ 
cial Ditch No. 3, of Stearns and Kandiyohi Counties, 
and also at the time the ruling was made to order 
said ditch, the United States was engaged in a World 
War in which food and farmers were as important, if 
not more so, than ammunition and soldiers. “Food 
will win the War” was made a National 
Slogan, as well as various slogans to “Buy 
Liberty Bonds” and “War Savings Stamps.” 
These proceedings, by illegal methods tended 
to taking the farmers away from their 
world-important task of producing bread to win the 
war. In the opening sentences of the order ordering 
the said Judicial Ditch No. 3, the Court makes these 
statements: “The above entitled matter was origin¬ 
ally set by order of this Court for December 27, 1917, 
at ten A. M., at the Court room in the Court house in 
the city of St. Cloud in Stearns County, Minnesota; 
and, was on said day on account of the absence of the 
undersigned before whom the matter was pending, 
continued to December 28, at which time it was again 
continued on account of the December General Term 
of this Court in said Stearns County to the 19th day 
of February, 1918.” 

This last statement is incorrect. The following 
is the fact of the matter: When the case was called 
on December 28, Attorney Sullivan of St. Cloud had 


18 


just been retained on the side of the petitioners. Mr. 
Sullivan had not previously been connected with the 
case, and it would seem apparent that a new lawyer 
taking charge of a case would want some time for 
preparation. Attorney Tolman for petitioners made 
a plea for postponement of the case on the ground 
that they were not aware of a considerable force of 
objectors. A continuation could not be made on this 
plea since there was in evidence that while only 
twelve signers had signed the drainage petition, ob¬ 
jectors had appeared with attorney, at first hearing, 
and presented petition protesting against the drain¬ 
age of Crow Lake signed by SEVENTY-FIVE sign¬ 
ers. Attorney Sullivan then made the plea that they 
simply could not proceed with the hearing on account 
of the absence of Engineer Chute, stating that En¬ 
gineer Chute was in a sanitarium and could not be 
brought to Court. Engineer Chute had been seen by 
some of the objectors on the streets of St. Cloud the 
evening before. If he were in a sanitarium, he had 
been spirited away in the night. If there were any 
reason for his being in the sanitarium, it was doubt¬ 
less alcoholism. The Court continued the case to 
February 19 because of the absence of Mr. Chute in 
a sanitarium. Had the Court, in the first place, ap¬ 
pointed a man, not notoriously a confirmed and habit¬ 
ual drunkard as engineer, this excuse for continuing 
the case after it had been properly called, might not 
have been found. The Court in calling the case, and 
thus continuing it, because of the absence of the en¬ 
gineer the Court had appointed, in a sanitarium, was 
trifling away the time of the farmers in a world war 
where the work of farmers to produce food to keep 
alive the armies of the Allies was as important as the 
work of the soldiers in killing off the enemies. 

Further, in continuing the case for ten days 


19 


where thirty minutes would doubtless have been suf¬ 
ficient to have heard the report of the engineers 
and dismissed the whole case, had the engineers and 
viewers brought in a true and impartial report of the 
actual fact that the ditch was neither desirable nor 
feasible, instead of trying to put the ditch through 
for the benefit of “other interests” than agricultur¬ 
al interests—the Court also being in the conspiracy 
to put the ditch through, further unnecessarily 
and illegally trifling away the time of the farmers, 
whose interests kept them at the Court proceedings 
from day to day. 

Further, in ordering the ditch, and thereby 
placing a burden of about $103,000 upon the affected 
farmers, the Court made it particularly difficult for 
these farmers to buy Liberty Bonds. 

Further, had this ditch been dug, the actual fact 
being that the added land would, aside from the 
assessments, be a liability to the farmers to whom it 
would be assessed, or to whose farms it would be 
added. This would still further cripple these farm¬ 
ers in their patriotic efforts to produce “food to win 
the war.” 

As it is known that the enemy resorted to many 
kinds of diabolical tricks, it does not seem improb¬ 
able that the enemy may not actually have been 
behind the whole scheme of trifling away valuable 
time of farmers in bringing about this abominable 
litigation and Court proceedings, and in ordering the 
ditch, the cost of which would consume 
the money that was needed for Liberty Bonds, and 
the effect of which would be to burden the farmers 
with nonproductive land, that would consume their 
time, but not produce crops according to labor re¬ 
quired. 

The illegal manipulation of the drainage laws for 


20 


“other interests” than agricultural interests; in time 
of war, may therefore, be summed up in resulting in 
the confiscation of property, arson, man-slaughter 
and treason. 

The photographic exhibits presented by the 
state's witness, engineer Chute, are proof of a delib¬ 
erate and well-planned effort to misrepresent the 
lake as it was at the time. However, the very vege¬ 
table growth shown in these photographs taken 
in the shallowest ends and bays of the lake, is proof 
that Crow Lake is a lake and not a marsh, as this 
vegetable growth is plainly the wild rice of Minne¬ 
sota. Wild rice as is well known is a cereal plant 
that grows only in lakes and not in marshes. Wild 
rice is, moreover, a valuable food. The Indians gath¬ 
ered it for food. We do not today know that we are 
in all respects wiser than the Indians. The Indians 
killed just so many buffaloes as they needed for meat 
and robes. The white man murdered the buffaloes 
in cold blood for no other purpose than to kill. Had 
we adopted the Indians' prudent methods, we would 
have had buffalo meat and buffalo robes for the 
shooting today. Had we invented machinery to har¬ 
vest wild rice instead of inventing machinery to 
dig ditches, we might today find wild rice culture 
more profitable acre for acre than flax, corn, oats, 
barley or wheat. Moreover, we should not then 
have had the hot winds, even as we did not have the 
hot winds before excessive drainage. 

We have had proofs in recent years that there 
may be coal shortage that will cause panics. Local 
supplies of fuel from natural timber is fast being ex^ 
hausted, and has been exhausted in many localities 
by grubbing up the timber land, and converting it 
into farm land, by killing off the timber by pastur¬ 
ing, and by the invasion of the army worm, and by 


21 


drouth and fires as direct result of drainage. In 
some of the older countries of Europe and Asia they 
are using straw for domestic fuel. We may be ap¬ 
proaching a period when we may not even have 
straw. The infesting of fields with quack grass is 
convincing many farmers that only cultivated crops 
and hay may be raised in the future. 

The water power resources of the state—not 
yet half developed, is an asset the value of which we 
do not comprehend. Scientists who have given the 
subject serious thought, will not hesitate to declare 
that the lakes, so essential in storing the flood water, 
and feeding it out in a constant flow for the turbines, 
will be worth more acre for acre than arable land in 
maintaining a constant supply of light, heat and 
power. 

Cranberry farming is now a proved success 
and has demonstrated that marshes developed for 
cranberry farming produce acre for acre crops 
worth several times more than the ordinary crops 
raised on drained and dry land. 

Fur farming is one of the most promising of 
new industries. The total value of the musk rat 
skins, and musk rat carcasses, (for human food or 
for chicken food), that could be produced in a lake 
like Crow Lake, if musk rat farming were placed un¬ 
der scientific management, might easily exceed the 
value of any or all farm crops that could be raised. 
If after years of digging and re-digging the muck 
could be made firm by digging and re-digging a 
ditch thirty feet deep, and this muck soil at unknown 
expense should be developed into good farm soil 
by the application of sand and fertilizer. 

The economic value of the toads and frogs that 
hatch in a lake like Crow Lake is beyond compre¬ 
hension. With flax quoted at $4.50 per bushel, as 


22 


this is written, many farmers have had to disk up 
their flax to plant corn fodder, and have had to re¬ 
plant earlier plantings of corn, on account of cut¬ 
worms destroying the stands. We need, not less 
shallow lakes, but more shallow lakes; and, the real 
old fashioned marshes, to breed enough toads and 
frogs to keep the cut worms in check. Cut worms 
are the natural food of frogs and toads as is now 
well known to agricultural investigators. It is evi¬ 
dent that our legislators, not being natural scientists, 
did not know—did not comprehend—the disappoint¬ 
ments and actual damages that may result from 
drainage ditches. That however, is no reason why 
the law—the drainage laws, in all their shortcom¬ 
ings and weaknesses, should be criminally manipu¬ 
lated for the sole benefit of ‘‘other interests” than 
agricultural interests. 

I submit the following quotation with or with¬ 
out comment as evidence of general knowledge, or as 
arguments. 

-o- 

IMPORTANT DRAINAGE FACTS 
(Pamphlet by C. R. Sandvig) 

It is now known that several months before 
Henry Hendrickson appeared with the now notorious 
drainage petition to drain Crow Lake, another drain¬ 
age petition to drain Crow Lake had been prepared 
without the consent of a single farmer. 

It is now further known that Christ Borgerding 
drove out into the country and asked interested 
farmers to take up a drainage petition to drain Crow 
Lake and that a well-known associate of his in his 
banking business urged other interested farmers to 
take up “a drainage petition to drain Crow Lake.” 

It is now known and can be proved by numerous 
witnesses that at a drainage meeting held in Bel- 



23 


grade several months before Henry Hendrickson 
appeared with the now notorious drainage petition 
to drain Crow Lake the overwhelming majority of 
the people present being opposed to the proposed 
drainage proposition one man got up and demanded 
to know who had called the meeting, to which a 
straight-forward honest, farmer made the reply 
that Christ Borgerding and Attorney Tolman had 
come out to his place and asked him to call a drain¬ 
age meeting and so he called the meeting. Attorney 
Tolman being present at the meeting and taking 
part in the meeting by talking for the proposed 
drainage scheme without being called upon to do so, 
it was demanded of him what business he, a Paynes- 
ville attorney, had at that meeting, to which At¬ 
torney Tolman replied that he had been hired to be 
present by Christ Borgerding and was there as Bor- 
gerding’s representative. 

It is now a well known fact that after Henry 
Hendrickson had been around with the now notori¬ 
ous Crow Lake drainage petition for a few days, the 
petition was left at the North American State Bank 
according to previous agreement and Christ Borger¬ 
ding not only took signers to the petition as an ac¬ 
commodation to the public but that he induced sign¬ 
ers to sign by outrageous misrepresentations and 
deliberate lying. 

In inducing a poor, old bachelor, in failing 
health who soon may become a public charge if 
fleeced out of the little property he has left, to sign 
the petition, Christ Borgerding represented to him 
that the ditch would greatly benefit his land (about 
10 acres of low land) and would only cost a few cents, 
perhaps two or three dollars. That poor sickly old 
bachelor has been assessed over $300 benefits, with 
a reasonable probability that the ditch will cost at 


24 


the first digging about as much as the assessed bene¬ 
fits and by redigging in a few years cost more than 
the assessed land of the poor bachelor is worth. 

Christ Borgerding assured a poor widow and or¬ 
phan who are making a heroic effort to improve and 
work the old farm that they surely would not be 
assessed more than about $120 and that the benefits 
would be very great. That farm has been assessed 
$1,400 benefits with reasonable prospects that dig¬ 
ging and redredging the ditch will in a few years 
mount up to more than the exaggerated assessed 
“benefits.” Let it be understood that the law provides 
that the first cost may be as high as the assessed 
benefits but redredging may bring the cost up to any 
unheard of figure. 

Christ Borgerding assured a farmer that a 
“south forty” being referred to in their conversation 
would not be assessed at all. The same south forty 
has been assessed $1000. Since the asessments were 
made Christ Borgerding told one farmer, who cannot 
read the American language, that his assessments 
were $1100. That farmer’s assessments are over 
$1900. Christ Borgerding has assured others that 
the cost will not be more than about 40 per cent of 
the assessed benefits. The facts are that even the 
engineer’s estimate places the cost at over 50 per 
cent of the assessed benefits with several important 
items of expense provided by law, left out, and under 
war time conditions it is more than reasonable to as¬ 
sume that the actual cost will far exceed any esti¬ 
mated cost based more or less on present conditions 
or on conditions before the war, while the redredg¬ 
ing of a ditch once dug may bring the cost up to any 
figure. 

-o- 

All water that is evaporated and ascends 

into the clouds, of course does not come from 



25 


the ocean, as every fresh as well as salt body 
of water contributes to that continual ascent 
and descent which nourishes the earth and the 
fulness thereof. It has been computed by some 
patient calculator that 200,000 cubic miles of 
water are raised each year from the ocean, in 
the form of vapor. At least three-fourths of 
this immense volume is raised within the trop¬ 
ics, and a great part falls beyond them. If the 
extent of the tropical ocean were diminished by 
half, there is no part, perhaps, of the temper¬ 
ate zones which would not be parched by exces¬ 
sive drought, and hardly a river but whose bed 
would be a dry ravine. 

The water which fills the great lakes of 
North America and, thundering down the cata¬ 
ract of Niagara, finds its way through the St. 
Lawrence River into the ocean almost on the 
verge of the Polar World, only a few weeks be¬ 
fore, perhaps, laved the coral reefs of the tropi¬ 
cal seas. 

If any considerable part of the tropical 
ocean were converted into land, the heat of the 
Torrid Zone would become so greatly increased 
that no animal life, such as now exists, could en¬ 
dure it; and, as the -vegetation of a climate is 
adapted to the prevailing temperature, the trees 
and plants which now flourish would become ex¬ 
tinct. Water, in being converted into a gaseous 
form by the process of evaporation, absorbs 
heat from surrounding objects, or, we may say, 
produces cold. Thus the burning rays of a 
vertical sun, pouring down upon the ocean, in 
a measure quench themselves. The same rays 
which, falling upon the ocean, never raise the 
water beyond a grateful temperature, falling 
upon the land produce an intolerable heat.—The 
World’s Wonders. 

While the oceans supply all the water that fall¬ 
ing in rains produces all the mighty rivers that flow 
back into the sea: “From whence the rivers come, 
thither they return again.” Eccleseastes 1:7. Still, 
but for the influence of inland lakes upon the atmos¬ 
phere, the atmosphere would not by natural laws be 
able to release this water, or produce rains. 


26 


GROWING CRANBERRIES ON A LARGE 
SCALE 


CRANBERRY GROWING IN NORTHERN 
WISCONSIN A HIGHLY SPECIALIZED 
I N D U S T R Y—REMARKABLE DEVEL¬ 
OPMENT IN TEN YEARS DUE LARGELY 
TO THE EFFORTS OF ONE MAN. 


(By Lewis R. Jones, in The Farmer.) 

A certain prosperous resident of Wood 
County, Wisconsin, a dozen years ago was re¬ 
garded as one of the county’s poorest farmers. 
He had struggled many years, attempting to 
grow farm crops on a heavy, marshy piece of 
land which seemed to get worse the more it was 
tilled. At last mortgages and other debts 
weighed so heavily that some change seemed 
imperative. 

The change this farmer made caused his 
neighbors to shake their heads and say he was 
“going crazy.” Instead of trying longer to 
grow corn and small grain he decided to culti¬ 
vate a bog which occupied a part of his farm 
and which always had been looked upon as 
worthless except for a volunteer crop of cran¬ 
berries which in favorable seasons was large 
enough to be worth gathering. 

SUCCESS OUT OF FAILURE 

This hitherto unsuccessful farmer went 
ahead in the face of advice and ridicule, spent 
all the money he could get together and devel¬ 
oped as much of his bog as that money would 
permit. 

Later he extended cranberry cultivation to 
the whole of the marsh. He has proven his 
theory to be practical and successful. In 1915 
he grew 26 acres of cranberries with a net pro¬ 
fit of more than $20,000 on this farm which in 
earlier years did not yield him a living. He has 
spent 11 years growing cranberries, and ever 
since his marsh began bearing he has obtained 
large profits. 

After this farmer had demonstrated that 
growing cranberries scientifically was more 
profitable than general farming those same 
neighbors who had laughed at his idea began 
also to grow cranberries, and they, too, succeed¬ 
ed. The idea spread over the state. Hundreds 




27 


of cranberry marshes were improved, and today 
the area of cranberries under scientific develop¬ 
ment is many thousands of acres. 

There are two essentials for a clean-culture 
cranberry plantation—a sour marsh and suf¬ 
ficient water for flooding it. By submerging 
the vines on cold nights of spring and fall the 
damage from frost is escaped. 

YIELDS UP TO 250 BARRELS 
Three seasons are required to bring the 
plants to bearing. At the end of the third sea¬ 
son a yield of 25 barrels to the acre may be 
expected. The next year the crop will be about 
60 barrels and the fifth season should produce 
a crop of 100 barrels to the acre. After that 
there should be a gradual increase until an acre 
frequently will produce as much as 250 barrels 
in a single season. Meanwhile the only atten¬ 
tion required is occasional weeding, flooding and 
harvesting, and thinning out the vines when 
they become too thick. The vines thinned out 
are used for planting new beds. 

At harvest time the beds are flooded, and 
the berries, being lighter than water, come 
to the surface where they are stripped from 
the vines with especially designed scoops. These 
are so constructed as to gather the berries 
with very little foreign matter and without 
damaging the vines to any serious extent. 

And God saw everything that he had made, and, 
behold, it was very good.” Gen. 1:31. 

We have seen that lakes have their beneficent 
purpose in the plans of nature. If, however, a lake 
has by erosion of the highlands being washed into 
the lake and the same collected and deposited by 
vegetable growth in the lake, so filled in the lake as 
to leave it only a “sour marsh,” it may still as a 
'‘sour marsh” be of greater value to man for cran¬ 
berry culture than if the plan of nature is complete¬ 
ly changed by draining it, in which case, as farm 
land it is often worse than worthless. It has also 
been demonstrated that a lake partly filled with 
muck by the same agencies may be of the greatest 
possible value to man when the accumulated muck is 


23 


pumped back upon the highlands from whence it has 
been washed by erosion, restoring to its full extent 
the beauty and usefulness of the lake and the fertili¬ 
ty of the high land. God has made no mistakes. We 
cannot improve the world by making it over—de¬ 
stroying the plans of the Creator, that “other in¬ 
terests, M etc., may be benefited. It is our duty 
not to make the earth over, but to “SUBDUE 
IT.” Pump the muck back on the high 
land that the lakes may perform their func¬ 
tions unhampered and that the earth may 
yield its full capacity. Meanwhile we may grow wild 
rice, musk rats, wild fowl and fish, and the lake that 
has become a “sour marsh” may still for cranberry 
culture be worth more than if the plan of nature is 
changed and it be attempted to raise dry land crops 
where water ought to be. Harness the water power 
to turbines—SUBDUE THE EARTH—it is the Di¬ 
vine command. As the waters flow steadily down to 
the sea “from whence the rivers come” let us take 
our toll of “Light, Heat and Power.” We cannot tame 
a wild and frisky colt into a docile, useful horse by 
cutting his legs off. Neither can we exact our toll of 
light, heat and power from the river or mana from 
our fields when the lakes—the legs of nature—arc 
cut out. 

-o- 

United States Department of Agriculture, 
Office of Public Roads and Rural Engineering, 
Washington, D. C. 

December 6, 1916. 4:30 p. m. 

Mr. C. R. Sandvig, 

Belgrade, Minnesota. 

Dear Sir: Since the success of a drainage dis¬ 
trict is determined to a large extent by the co¬ 
operation of the landowners, it seems hard to 
conceive that any court would approve or direct 
the establishment of a drainage district of lands 
where but twelve persons favor it and seventy- 



29 


five persons are opposed to drainage, and if you 
can establish this fact before the court, I do not 
believe it will establish a district. As the mat¬ 
ter of drainage is a State question, I do not see 
any way in which the Federal Government could 
interfere. 

All of the drainage laws of Minnesota pro¬ 
vide “that no meandered lake shall be drained 
* * * except in case such lake is normally shal¬ 
low and grassy and of a marshy character, or 
in case such meandered lake is no longer of suf¬ 
ficient depth and volume to be capable of any 
beneficial public use of substantial character for 
fishing, boating, or public water supply.” If 
the lake you have in mind falls under these ex¬ 
ceptions it would seem that the petitioners for 
the drainage of this lake must fail. 

Your opinion with respect to the effect of 
lakes on hot winds has been noted, and we have 
seen similar expressions by others, but as far 
as we know there are no Government publica¬ 
tions on this subject. Since Dean Woods of the 
Minnesota College of Agriculture was formerly 
connected with the Weather Bureau it may be 
that the observations in the Imperial Valley to 
which he referred were made by that Bureau, 
and your letter is being referred to the Chief of 
that Bureau with the request that he give you 
any information that he may have on the sub¬ 
ject. 

Very truly yours, 

L. W. PAJE, Director. 

Salten Sink, Emperial Valley, California, was a 
depression 300 feet lower than sea level. As a result 
of high water cutting out an irrigation canal the en¬ 
tire volume of water of the Colorado river left its old 
channel and flowed into Salton Sink forming the new 
formed “Salton Sea.” 

Salton Sea has proved one of the most valuable 
contributions to natural science in that it gave to 
man an opportunity to observe the effect of a body 
of water suddenly formed in a desert region where 
no lakes had existed for unknown centuries. All 
lakes having been cut out—drained—by river ero¬ 
sion in prehistoric times. 


30 


SALTON SEA AND THE RAINFALL OF THE 
SOUTHWEST 


(By Prof. Alfred J. Henry, Dated Jan. 25,1907.) 

Printed and sent out as an official document 
of the United States Weather Bureau. 

There is a growing belief in the extreme 
Southwest, and possibly in other parts of the 
country, that the creation of Salton Sea is, in 
large part, responsible for the heavy rains of 
the last two years, not only in Arizona, but also 
in the Rocky Mountain States, and thence east¬ 
ward over the plains. So strong is this belief 
that some persons have gone so far as to pub¬ 
licly advocate the maintenance of the present 
Salton Sea, notwithstanding the efforts now 
being put forth to shut off its supply. 

It is generally believed that small bodies of 
water have an appreciable influence on the local 
climate of contiguous land areas. 

The effect of a small body of water such as 
the Salton Sea on the climate of the surround¬ 
ing territory may be recognized in two principal 
ways, first, in its equalizing effect on the tem¬ 
perature, and second, in the increased amount 
of water vapor thrown into the air by evapora¬ 
tion, since more water is evaporated from a wa¬ 
ter surface than from forests or fields. Owing 
to the fact that a water surface warms up much 
more slowly than a land surface and retains 
its heat much longer, the water surface will, 
in general, be warmer at night than the land, 
and cooler in the daytime. Thus there will be a 
tendency toward lower maximum temperatures 
and higher minimum temperatures in a narrow 
zone immediately surrounding the lake, but 
especially on the leeward shore. 

The amount of aqueous vapor actually 
present in the air may be exprest either by the 
expansive force or pressure that it exerts or by 
its weight in grains in a cubic foot of space. 
Whether exprest in terms of weight or pres¬ 
sure, the amount of vapor actually present is 
sometimes called the absolute humidity. It is 
very important to distinguish between the ab¬ 
solute humidity and the relative humidity, 
sometimes referred to merely as the humidity. 
The relative humidity is the ratio of the amount 
of vapor actually present to that which might 
be present at the existing temperature if fully 



31 


saturated: Example from Death Valley, June, 
1891, temperature of dry bulb, 108 degrees F., 
wet bulb, 68 degrees F., whence is obtained 
from hygrometric tables: dew-point, 39 degrees 
F., relative humidity, 10 per cent. A relative 
humidity of 10 per cent or less is not at all 
infrequent in desert regions. The observation 
quoted means, first, that in order to condense 
any of the moisture present into dew or rain the 
temperature would have to fall 69 degrees 
(from 108 degrees to 39 degrees F.), or the 
amount of moisture then in the air would have 
to be increased ten fold. This point can not be 
emphasized too strongly. At the temperatures 
which extist in the Colorado Desert, and under 
the general conditions of aridity which prevail, 
the atmosphere takes up vapor as a sponge ab¬ 
sorbs water. It should be remembered, more¬ 
over, that the capacity of the air for vapor is 
vastly greater at high than at low tempera¬ 
tures ; the problem in the Southwest, therefore, 
so far as the production of rain is concerned, is 
not essentially one of increasing the vapor con¬ 
tents of the air but rather of diminishing the 
temperature to the point at which condensa¬ 
tion takes place. There is sufficient moisture in 
the air to produce abundant precipitation if 
means of cooling it were at hand. The absolute 
humidity at Yuma is slightly greater than that 
of St. Louis, and only a little less than that of 
Vicksburg, both of which points have, in gener¬ 
al, an abundance of rain and a so-called moist 
atmosphere. 

The amount of vapor taken into the air 
over Salton Sea must be considerable in the 
course of a year. That it has increased the re¬ 
lative humidity in a slight measure, is undoubt¬ 
edly true. Aqueous vapor in the absence of a 
strong wind circulation is diffused very slowly 
thruout the atmosphere. It is, therefore, im¬ 
probable that any considerable portion of the 
local supply of vapor ever passes beyond the im¬ 
mediate confines of the desert. 

Atmosphere that is dry as the “desert winds” 
is dry only because it is hot. If sufficiently cooled 
its water contents is capable of letting down torrents 
of rains sufficient to create mighty rivers. Preserv¬ 
ing or creating bodies of water such as lakes. 


32 


Artificial dams or reservoirs, is the only means of 
cooling the atmosphere that may be brought about 
by human agencies. As the hot atmosphere takes 
up vapor as a sponge, from these bodies of water, 
the atmosphere while being cooled by a body of wa¬ 
ter is at the same time impregnated with humidity, 
the greater the humidity the less cooling will be re¬ 
quired to produce rain. The ocean furnishes the 
bulk of the water to the atmosphere. But for the 
effects of inland lakes, the atmosphere might blow 
across a continent from ocean to ocean—a hot desert 
wind—without a drop of rain. 

-o- 

Atmosphere or meteoric water falls on land 
as rain. A portion sinks into the earth, and, 
after a longer or shorter subterranean course 
and doing its appropriate work of rock-disinte¬ 
gration and soil-making, comes up again to the 
surface as springs. Another portion runs off 
the surface, cutting and carrying away the 
soil everywhere. Quickly, however, it gathers 
into rills and cuts furrows, these rills uniting 
into streamlets and cutting gullies. The stream¬ 
lets, uniting with each other, and with water 
issuing from springs, form mountain-torrents, 
and cut out great ravines, gorges, and canons. 
Finally, the torrents, emerging on the plains 
from their mountain home, form great rivers, 
which deposit their freight of gathered earth 
and rock-fragments in their courses, and finally 
in the sea or lake into which they empty. Such 
is a condensed history of the course and work 
of water from the time it falls as rain until it 
reaches the ocean from which it came. All of 
this we include under river-agency. It may be 
defined as the work of rain and rivers, or the 
work of circulating meteoric water. All that 
follows on this subject will be but an expansion 
of the condensed statement given above, and 
much of it may be observed by any one who 
does not commit the mistake of thinking things 
insignificant because they are common. 
EROSION OF RAIN AND RIVERS 
The rain which falls on land-surface may 
be divided into three part: One part runs ini- 



mediately from the surface, producing universal 
rain-erosion and the muddy floods of the rivers. 
Another part sinks into the earth, and, after 
doing its appointed work of soil-making, reap¬ 
pears on the surface as springs, and forms the 
ordinary flow of rivers in dry times. This part 
joins the surface drainage, and together they 
concentrate their work along certain lines, and 
thus produce stream-erosion. A third portion 
never appears on the surface, but finds its way 
by subterranean passages, to the sea. 

By the continued action of rain and rivers 
all lands (except some rainless deserts) are 
being cut away and carried to sea. Every one, 
each in his own vicinity, may see this process 
going on. The soil of the hillsides is every¬ 
where being washed away by rain, and carried 
off in the muddy streams. At what average 
rate is this washing process going on ? This is 
a question of extreme importance. 

Average Rate of Erosion.—By observa¬ 
tions made on rivers in all parts of the world 
it has been estimated that all land-surfaces are 
being cut away at a rate of about one foot in 
3,000 to 5,000 years. The Mississippi cuts down 
its whole drainage-basin one foot in 5,000 years, 
the Ganges one foot in 2,000 years. Some riv¬ 
ers still more rapidly than these. The rate 
differs in different parts of the same basin. In 
mountain-regions the rate is at least three 
times the average given above, and on steeper 
slopes still greater. On the lower plains the 
erosion is small, and in many places there is 
deposit instead of erosion. Making due allow¬ 
ance for all these variations, it is probable that 
all land-surfaces are being cut down and low¬ 
ered by rain and river erosion at a rate of one 
foot in 5,000 years. At this rate, if we take 
the mean height of lands as 1,200 feet, and 
there be no antagonistic agency at work rais¬ 
ing the land, all lands would be cut down to the 
sea-level and disappear in 6,000,000 years. 

This universal cutting away of land-sur¬ 
faces we have divided for convenience into two 
parts, which, however, graduate completely into 
each other—viz., rain-erosion and stream-ero¬ 
sion : the one is universal, but small and incon- 
spicious in any one place; the other is confined 
to water-channels, but works with concentrated 
and conspicuous effects. The one may be com- 


34 


pared to a universal sand-papering, the other to 
the action of the graver’s tool, cutting ever 
deeper along the same lines. Of the two, the 
general rain-erosion, though less conspicious, is 
probably far the greater in aggregate amount. 
They cooperate in cutting away the land, and, if 
unopposed, would finally destroy it. Pure wa¬ 
ter, however, has comparatively little effect. 
Its graving-tools are the sand, gravel, pebbles, 
and rock fragments, which it carries along in its 
course.—Le Conte’s Compend of Geology. 

By the slow but tireless agencies of erosion that 
have been at work since the world was created, the 
steril gravel under the hills about Crow Lake has 
been dissolving into the spring water that seeps and 
bubbles into the lake The plants growing in the 
lake, drawing their sustenance from air and water, 
have caught this mineral and in the process of decay 
have converted it into muck—muck that in pas 4- cen¬ 
turies was gravel. This muck is not a complete soil 
in itself. Drained, it often is not worth cultivating. 
Ditched, it is rapidly washed to the sea. Pumped 
back on our fields, it supplies much of what our poor 
soil needs, and makes it possible to grow 31 pounds 

of potatoes where 6 pounds grew before. 

-o- 

Lake Erie is situated on a nearly level pla¬ 
teau, several hundred feet above a similar pla¬ 
teau, on which is situated Lake Ontario. The pla¬ 
teaus are separated by an almost perpendicular 
cliff, running east and west, near Lake Ontario. 
The Niagara River runs out of Lake Erie, and 
on the Erie plateau, fifteen to eighteen miles, 
then drops, by a perpendicular fall, into a nar¬ 
row gorge, with nearly perpendicular sides, and 
runs in the gorge, for seven miles, and then 
emerges on the Ontario plateau just before 
emptying into that lake. 

Recession of the Falls.—Ever since their 
discovery, 200 years ago, the falls have steadi¬ 
ly worked their way back toward Lake Erie. 
The rate of recession has been estimated at one 
to three feet per annum.—Le Conte’s Compend 
of Geology. 



35 


“And God blessed them, and God said unto 
them; be fruitful, and multiply and replenish the 
earth, and SUBDUE IT: and have dominon over the 
fish of the sea and over the fowl of the air, and over 
every living thing that moveth upon the earth.” 
Gen. 1:28. 

It is a geological fact that the great water falls 
are huge ditching machines—curses of the fall of 
man—“cursed is the ground for thy sake; in sorrow 
shalt thou eat of it all the days of thy life.” Gen. 
3:17. Harnessed in obedience to Divine injunction 
to “subdue the earth,” the water falls cease from 
their destructive work and crouch at the feet of 
man to furnish heat for his hearth stone, power for 
his factory and light to turn night into day. Left 
untamed the Niagara Falls will some day, as surely 
as the years come and go, enter Lake Erie with a 
drainage channel approximately 200 feet deep, and 
the Great Lakes—greatest blessing to the North 
American continent—will be drained. This is what 
has already taken place to the lakes in the south¬ 
western part of our country where the Colorado river 
has drained out the lakes with a channel cut 5000 feet 
into the mountains and behold we have a desert; and 
behold where small individuals of these lakes are 
restored by man or nature as in the formation of 
Salton Sea, we have a marked increase in humidity, 
dew and rainfall, pointing to the great truth that 
with sufficient lakes, in any part of any country in 

any part of the world there will be sufficient rainfall. 
- o- 

AGRICULTURAL LEGISLATION PENDING 
IN MINNESOTA 

DRAINAGE LAWS 
(From The Farmer.) 

There is a widespread demand from all parts 




36 


of the state for changes in the drainage laws. 
The belief that something should be done is 
shared by most legislators, a majority of whom 
are actually at sea as to the best methods to 
pursue. There is also a feeling that the present 
drainage methods are too much of a “hit and 
miss” affair; that the work is not being done as 
effectively as it might be done; and that the 
present ditch law has worked an injustice to 
many landowners. 

This view was shared by the Farmers’ Club 
Federation in the adoption of this resolution. 

“Whereas, the practical working out of the 
conditions of the present drainage ditch law 
imposes great hardship upon many of the farm¬ 
ers in the neighborhood of the ditches, amount¬ 
ing in some instances to a practical confiscation 
of their lands, be it resolved that we petition 
the legislature to repeal the objectionable fea¬ 
tures of the law. At least fifty per cent of the 
owners whose lands would be affected or could 
be taxed for the improvements should be re¬ 
quired to sign the petition before any drainage 
project could be established and the engineer of 
any project should be put under bonds for five 
years to guarantee the proper working of the 
project.” 

The fact that it has not been required by special 
legislation, that the engineer be put under bond 
pending satisfactory results from a drainage system 
for a period of five years, does not justify an en¬ 
gineer in recommending as feasable, in direct viola¬ 
tion of good engineering knowledge, a project that 
will only result in the confiscation of property of 
the farmers effected and will to the same extent 
benefit “other interests” than agricultural interests. 
The laws are good enough. No special legislation is 
needed. Either a ditch is feasable or it is not feas¬ 
able. Either it will be a benefit or it will not be a 
benefit. A ditch that has been ordered to perform 
the drainage of a certain lake or marsh and it does 
not and cannot as layed out and dug, because it is not 
laid out and dug according to certain engineering 


37 


principles, drain that said lake or marsh, has been 
illegally ordered on ‘‘framed up evidence.” A ditch 
that has been ordered as a benefit, in excess of costs 
and damages and results in damages in excess of 
benefits has been illegally ordered in direct violation 
of the drainage laws. A judge who “frames up” the 
evidence for ordering a ditch for the benefit of “oth¬ 
er interests” than agricultural interests by appoint¬ 
ing as engineers and viewers, a gang of conspirators 
is impeachable and is guilty of the violation of a more 
serious law than the mere forfeiting of a bond that 
might be placed on the engineer would amount to. 
- o- 

The farming industry.—It is the backbone 
of the nation. It is the source of that which 
sustains the race. It is the foundation upon 
which all other industries are built. It is at 
the bottom of all other enterprise. Without it 
there would be no commerce, no business, no 
great manufacuring institutions.—Pan Motor 
Co. 

The corrupt politician and the unscrupulous pro¬ 
motor who, too long, have regarded the farmers as 
mere “suckers,” may some day be unceremoniously 
aroused to find that they have hooked their rotten 
harpoons into a tender spot of a bull whale who is 

both capable and inclined to show fight. 

-o- 

This is to certify that on Dec. 27th, 1917, I 
was in attendance of hearing called in the court 
house in the city of Saint Cloud, in regard to 
Judicial Ditch No. 3, of Stearns and Kandiyohi 
counties, and I wanted to complain against hav¬ 
ing said ditch established on account of it 
would lower the water level under my farm, 
thereby hurting the growth of trees and other 
crops as well as spoiling the well water or likely 
drying the well altogether, for if we have to 
drive very deep wells in this vicinity the water 
is bad and not fit to drink. But Mr. Von Hep- 
pie, the surveyor, advised me not to make any 
complaint whatsoever. 




38 


State of Minnesota, County of Stearns—ss. 

Edward Erickson personally appeared be¬ 
fore me, and after being duly sworn, deposes 
and says that the above is the truth and noth¬ 
ing but the truth. 

EDWARD ERICKSON. 

(SEAL) 

Subscribed and sworn to before me this, 
the 29th day, of April, 1919. 

OLE HENDRICKSON, 

Village Clerk, Belgrade, Minn. 


CUT WORMS, TOADS, FROGS, AND 
DRAINAGE 


(By C. R. Sandvig in Belgrade Tribune.) 

With flax quoted as high as $4.50 a bushel 
in the local market many farmers in this local¬ 
ity have had their stand of flax so completely de¬ 
stroyed by cut worms as to necessitate disking 
it clown for re-planting. Other small grains 
have also been damaged to some extent. Early 
plantings of corn have had to be transplanted. 
This is more than provoking, since the weather 
conditions up to the present have been most 
ideal and we have of course no assurance that 
it will continue ideal from now on, and may 
reasonably expect that corn planted now will at 
least be too late to produce ear corn of first 
quality. 

It is interesting in this connection to con¬ 
template the argument, advanced by some 
smart-alick on the drainage question, to the 
effect that Crow Lake is good for nothing ex¬ 
cept a hatching place for frogs and toads. 
Toads and frogs are deadly enemies of cut 
worms and other destructive worms. The 
Farm Journal is authority for the statement 
that the French Department of Agriculture has 
estimated that a toad is worth $9. When Lin¬ 
den's slough and the slough on the west side of 
town, as well as numerous other sloughs, had so 
much water in them every year as to make good 
breeding places for toads and frogs, the croak¬ 
ing of thousands of toads was a well-known 
sound in the summer evenings. It was not par¬ 
ticularly beautiful music but the toads and 
frogs were valuable guardians of our crops and 
we never knew what it was to have field er:)ps 




39 


effected by cut worms. If in addition to the 
drainage that has already been done Crow Lake 
and Skunk Lake shall also be drained, the farm¬ 
ers of this community may wake up to find that 
they may as well go loafing every spring until 
the cut worm has had his fill, and then plant 
such catch crops as may be planted after the cut 
worm season is over. 

-o- 

About seventeen years ago I came to the farm 
on which I am now living from Clark County, South 
Dakota, where we had suffered several crop failures 
on acount of drought. I settled on this farm because 
it was cheap land and therefore within my means 
and because while it was largely composed of sloughs 
I saw that these could easily be drained as there 
was plenty of fall. With a little help and a little 
management the water could be made to cut its own 
ditch. My plan on this point proved entirely correct. 

With a little help the water cut itself a channel 5 to 
8 feet deep and 10 to 20 feet wide. I believed, how¬ 
ever, that this slough or peat soil when drained 
would be good farm soil. On this point how¬ 
ever, I have been more than disappointed. I have 
tried flax, oats, barley, wheat, corn, timothy, and 
clover and all such farm crops have failed to produce 
enough to pay going wages for man and team re¬ 
quired to produce them. Undrained slough land on 
my farm, without plowing, cultivating or seeding 
has produced slough grass hay of greater value than 
the cultivated crops on the well drained land. I re¬ 
gard the drainage of my sloughs by the big 
ditch has actually resulted in a loss in my farming 
operations here. 

I was ready to testify to the above when on the 
witness stand in the final hearing on the ditch case 
on Judicial Ditch No. 3, of Stearns and Kandiyohi 
counties, but the question was not brought up by the 



40 


attorneys and I only answered questions asked by 
the attorneys. 

J. C. Saboe personally appeared before me on 
this, the 7th day of May, 1919, and after being 
duly sworn deposes and says that the above is 
the truth and nothing but the truth. 

J. C. SABOE. 

Subscribed and sworn to before me this, the 
7th day of May, 1919. 

OLE HENDRICKSON, 

(Village Seal) 

Village Clerk, Belgrade, Minn. 

-o- 

FOREST FIRE PREVENTION 
(Editorial in The Duluth News Tribune.) 

The report of the state committee headed 
by J. L. Washburn, to investigate the causes of 
the recent forest fires closes with a series of 
eight recommendations. These are after all, 
the most important part of the report and they 
are based on the findings as to causes. 

They embody the sanest, most practical 
and inclusive program of forest fire prevention 
ever framed in this state. * * * * 

The recommendation as to drainage is 
especially timely. Over drainage is not only 
useless and so a waste of funds, but is often a 
waste of exceeding fertile lands. Unless 
all ditches are provided with dams to permit a 
stoppage of the waterflow in dry seasons and 
if necessary, to reflood the lands drained, then 
ditching should not exceed the immediate de¬ 
mands of settlement. 

This is not a new question. Excessive 
drainage has been the result of selfish land ex¬ 
ploiters being given greater influence than un¬ 
selfish advisors. The late Fred von Baumbach 
of Alexandria, predicted 20 years ago just what 
is the present situation from overdrainage. But 
such men have been regarded as mere oppo¬ 
nents of state settlement. 

Nothing can extinguish a fire started in 
these drained northern peat lands but long 
continued rains or winter freezing and snow. 
As long as they burn they are a menace, and 
they utterly destroy the land, burning it away 
to a valueless subsoil or rock stratum 



41 


DRAINAGE AND DEBT 

(Editorial published both in The Minneha¬ 
ha Daily News and The St. Paul Daily News.) 

Drainage that adds to the productive acre¬ 
age of Minnesota is worth while if the cost of 
ditching is less than the increase in land value. 

This goes without saying: it is theoretical¬ 
ly the basis upon which the so-called “legal” or 
“judicial” ditches may be ordered. 

But when that system is manipulated so 
that it means a heavier burden of debt to the 
farmer and without increasing his ability to pay 
that debt, then such drainage isn't worth while; 
it drains nothing but the farmer's pocketbook. 

This paper has received complaints from 
upstate subscribers which we believe are based 
upon genuine abuses. It is charged that judi¬ 
cial ditches are being ordered in cases where 
the character of the soil is such that it could not 
produce anything wet or dry; that promoters of 
ditches secure signatures to petitions by the 
grossest misrepresentations and that, once or¬ 
dered, the law makes it practically impossible to 
secure a fair hearing looking to the reopening 
of the case and the repeal of the order. Back of 
it all is the uncomfortable feeling that condi¬ 
tions permit manipulation by rural financiers 
who can see a sure profit in lending the farmer 
money to pay his ditch assessments but who 
don’t particularly care whether the ditch is a 
benefit or not. 

If a drainage ditch were a comparatively 
small improvement, like a sidewalk in the city, 
the situation would not involve such nardship. 
Suppose you were a farmer and signed a ditch 
petition on the assurance that your assessment 
would be “about $120” and they actually turn¬ 
ed out to be $1,400. In that case—and the ex¬ 
ample is a real one—you’d get off the reserva¬ 
tion and go gunning for the system that per¬ 
mitted such misrepresentation. And if the 
drainage uncovered a fine area of barren gravel 
that wouldn't even produce quack grass, you’d 
go out with two guns instead of one. 

Too many ditches have been ordered in Min¬ 
nesota on the theory that the farmer is a con¬ 
stitutional grouch opposed to spending a cent 
on any sort of improvements or that he is a fool 
who doesn't know what is good for him. 

So long as individuals are assessed to pay 


42 


for ditches, the system ought to be as open 
as the day and as clean as a hound's tooth. It 
doesn't seem to be that. The legislature ought 
to have more than a passing look at this thing 
before it adjourns. 

-o- 

The University of Minnesota, Department 
of Agriculture, University Farm, St. Paul, of¬ 
fice of the Dean and Director. 

October Sixth, 1916. 

Mr. C. R. Sandvig, 

Belgrade, Minnesota. 

Dear Mr. Sandvig: 

Your letter of September 25th was duly re¬ 
ceived and I have read it with care. 

I do not beleive the people of Minne¬ 
sota appreciate the advantages of irri¬ 
gation or the value of this muck and peat in 
light soils. Certainly when you can combine 
irrigation and the addition of peat in one pro¬ 
cess as cheaply as you seem to have done, it is 
a matter of the most careful consideration and 
I hope that our station men here may give it 
the consideration that it deserves. 

You have certainly given much time and 
money to the project and your labors ought not 
to be lost. 

Very sincerely yours, 

A. F. WOODS, 

Dean and Director. 

Dictated by A. F. Woods—A. 

October Sixteenth, 1916. 

Mr. Knute Bjorka, 

High School Agricultural Director, 
Belgrade, Minnesota. 

Dear Mr. Bjorka: 

I have your letter of the 10th and have 
been much interested in Mr. Sandvig's irriga¬ 
tion project. The use of peat and muck on light 
soils with supplementary irrigation is a process 
the value of which cannot be questioned. There 
is not the slightest doubt in the world that it is 
valuable and desirable. 

Yours very truly, 

Dean and Director. 

Dictated, A. F. Woods—A. 

Copy to Mr. Sandvig. 



43 


United States Department of Agriculture, 
Office of Public Roads and Rural Engineering, 
Washington, D. C. 

In your reply please refer to File No. F—1. 

April 17, 1917, 2:00 p. m. 

Mr. C. R. Sandvig, Belgrade, Minnesota. 

Dear Sir: 

Your letter of April 9 in further reference 
to the increased yields of crops of various kinds 
as the result of irrigation with a solution of 
muck is received. 

As you state, the efficient production of all 
kinds of farm products will now be a problem 
of national importance and in this connection I 
desire to thank you, on behalf of this Depart¬ 
ment, for tendering your services free of charge 
in operating your farm for experimental and 
demonstration purposes in cooperation with this 
Department during the period of the war. 

Very truly yours, 

P. ST. J. WILSON, 

* Chief Engineer. 

United States Department of Agriculture, 
Office of Public Roads and Rural Engineering, 
Washington, D. C. 

In your reply please refer to File No. M-2. 

Oct. 29, 1917, 4:00 p. m. 

Mr. C. R. Sandvig, Belgrade, Minnesota. 

Dear Sir: 

We have your letter of October 20, relative 
to the irrigation work that you have been doing 
during the past year. We are glad to learn that 
you secured such satisfactory results. We regret 
that it was not possible for our representative 
to visit you during the past summer. Our work 
has been somewhat disarranged by the war, 
and many of our engineers have entered mili¬ 
tary service. 

Mr. S. H. McCrory, Chief of Drainage In¬ 
vestigations, who is handling the drainage and 
irrigation work in the humid regions, will ar¬ 
range to have one of his irrigation engineers 
visit you next spring if he can not inspect your 
plant in person. 

Very truly yours, 

P. ST. J. WILSON, 

Chief Engineer. 


44 


United States Department of Agriculture, 
Office of Public Roads and Rural Engineering, 
Washington, D. C. 

In your reply please refer to File No.M-2. 

Jan. 14, 1918, 3:30 p. m. 

Mr. C. R. Sandvig, Belgrade, Minnesota. 

Dear Sir: 

We are glad to have such a complete an 
account of your proceedings, and we hope that 
it will not be necessary for you to give up your 
irrigation plant this year, as we had hoped to 
have one of our irrigation engineers inspect 
your plant early in the spring. We shall com¬ 
municate with you before our engineer makes 
his visit. 

Very truly yours, 

P. ST. J. WILSON, 

Chief Engineer. 

United States Department of Agriculture, 
Office of Public Roads and Rural Engineering, 
Washington, D. C. 

In your reply please refer to File No. M-2. 

May 27, 1918, 2:30 p. m. 

Mr. C. R. Sandvig, Belgrade, Minnesota. 

Dear Sir: 

Referring to our previous correspondence 
in regard to your irrigation work, Mr. F. W. 
Stanley, Senior Irrigation Engineer of this Of¬ 
fice, will be coming east in June. If you are 
still carrying on your muck irrigation work he 
would like to stop and get in touch with the 
work that you are doing. Will you please advise 
me as to whether or not you are still on your 
farm and doing irrigation work ? 

Very truly yours, 

P. ST. J. WILSON, 

Chief Engineer. 

United States Department of Agriculture, 
Office of Public Roads and Rural Engineering, 
Washington, D. C. 

In your reply please refer to File No. M-2. 

June 4, 1918, 2:30 p. m. 

Mr. C. R. Sandvig, Belgrade, Minnesota. 

Dear Sir: 

We have your letter of June 1 in reply to 
ours of May ,27. We are writing Mr. Stanley 
today, instructing him to stop at Belgrade and 
confer with you, and will send him a copy of 


45 


your letter. He will probably reach Belgrade 
some time the latter part of this month, al¬ 
though his itinerary has not been definitely ar¬ 
ranged. 

Very truly yours, 

P. ST. J. WILSON, 

Chief Engineer. 
-o- 

Twin Ports Fiber Building Co., Superior, 
Wisconsin. 

Jan. 13th, 1919. 

Mr. C. R. Sandvig, Belgrade, Minnesota. 

Dear Sir: 

I have been informed that you have a pow¬ 
er irrigation plant of your own. Would you be 
willing to give me some information about your 
plant or could I come and see you about the 
same? I have 200 acres of sand land between 
two lakes with millions of tons of muck and I 
intend this spring to put up an irrigation plant. 
If you think that you could give me some point¬ 
ers on this then I would appreciate it very 
much. Hoping that I am not asking too much, 
I am, respectfully, 

P. C. N. PEDERSON, 

1101-16 St. 

The Norwestern Nursery Company, Capi¬ 
tal, $50,000.00. 

Office of E. C. Hilborn, Secretary. 

Valley City, North Dakota, February 26, 1919. 
Mr. C. R. Sandvig, Belgrade, Minnesota. 

Dear Sir: 

Your article in the Journal of Jan. 25th has 
just been called to my attention. I remember 
with considerable interest hearing you talk be¬ 
fore the Horticultural Society on this subject a 
few years ago. We wondered if this would not 
be a good idea for us to put to practical use 
here at our nursery. We have about 300 acres 
in the Sheyenne River bottom and the sluggish 
Sheyenne stream winds through it. The muck 
of which you speak covers the bottom bed and 
it is almost impossible for boys to wade on the 
river bottom. 

We have been irrigating some and are 
about to install a larger irrigating system. 
Could you give us an idea of what kind of a 
pump to use and how to suck up the humus or 
muck with the pump ? At the present time we 
have one centrifugal pump 4 in. intake. 



46 


We will greatly appreciate your advice and 
help and if we install this plant will be glad to 
pay you for your aid and service. 

Yours very truly, 

THE NORTHWEST NURSERY COMPANY, 
E. C. Hilborn, H. S., Sec’y* 


The Hartford Fire Insurance Company, 
Western Department, 39 South LaSalle Street, 
Chicago. C. R Vollmer, Agent, Winstead, 
Minn. 

January 30, 1919. 

Mr. C. R. Sandvig, Belgrade, Minnesota. 

Dear Sir: 

I was much interested in your article ‘How 
to irrigate with muck’ in the Minneapolis Jour¬ 
nal. 

On my farm I have a large muck lake and 
have often thought I would like to get this muck 
out on the adjoining marsh and also on the 
higher unfertile hills, but the machinery and 
pumps have been puzzling. 

Would be pleased to hear more of your plan 
and pump if you wish to write me. 

Yours very truly, 

C. R. VOLMER. 

SANDVIG TODAY TELLS OF MUCK FARM¬ 
ING HERE 


HAS SYSTEM OF PUMPING MUCK SOLU¬ 
TION FROM LAKE TO IMPROVE IIIS 
LAND—IS ONE OF PRINCIPAL OBJECT¬ 
ORS TO JUDICIAL DITCH OF TWO COUN¬ 
TIES. 


(St. Cloud Journal-Press, Feb. 28, 1918.) 

C. R. Sandvig, one of the principal objectors 
in the matter of Judicial Ditch No. 3 for Stearns 
and Kandiyohi counties is today on the witness 
stand in the final hearing on the ditch. 

Mr. Sandvig is conducting a fruit and truck 
farm on the shores of Crow Lake. He has con¬ 
structed a plant for the purpose of getting the 
muck from the bottom of the lake, spreading 
it over his land as a fertilizer by a system of ir¬ 
rigation. 

The objection that Mr. Sandvig places is 
that the drainage of the ditch, along with rob¬ 
bing that section of the county of a lot of beau- 






47 


ty, will destroy the source of his wealth, he 
claiming that the value of his land is higher be¬ 
cause of his system of muck farming. He has 
found the system very advantageous and has 
received many comments from the state and 
United States departments of agriculture. 

-o- 

DITCH CONTROVERSY POSTPONED FOR 
TWO MONTHS TO GIVE PETITIONERS 
CHANCE TO GET EXPERT TESTIMONY. 


(The St. Cloud Daily Times, Friday, De¬ 
cember 28, 1917.) 

The controversy pertaining to the Stearns- 
Kandiyohi county ditch project, involving an 
estimated expenditure of $150,000 and the 
draining of Crow Lake will not be brought be¬ 
fore the court for final hearing until Feb. 19. 

This was decided in district court this 
morning when petitioners asked for a continu¬ 
ance to give them time to submit expert evi¬ 
dence bearing on their contentions in the mat¬ 
ter. 

There was some objection raised to the con¬ 
tinuance by Attorneys Anderson of Hutchinson 
and Johnson of Willmar for the objectors, ow¬ 
ing, they said, to the fact that they had all 
their witnesses with them, and it would be a 
great deal of inconvenience to the negative side. 

Attorneys J. D. Sullivan of St. Cloud and Toll¬ 
man of Paynesville, representing the petition¬ 
ers, however, insisted that they would be un¬ 
able to present their side of the case at this 
time owing to the fact that Engineer S. S. 
Chute, who did part of the surveying, would not 
be present and it would not be possible to bring 
out certain things which they proposed to bring 
out through him. Mr. Chute, it was stated, is 
ill. 

The court after hearing the arguments on 
the motion for continuance decided to postpone 
the hearing of the case until February 19. 

The court room was well filled when the 
case was called before Judge Roeser this morn¬ 
ing. Soon afterward, it was, the petitioners 
asked for a continuance. 




48 


DITCH HEARING CONTINUED TO FEBRU¬ 
ARY 19 ON MOTION OF PETITIONERS 
IN MATTER. 


(The Daily Journal-Press, St. Cloud, Fri¬ 
day, December 28,1917.) 

The final hearing on the petition for Judi¬ 
cial Ditch No. 3 for the counties of Stearns and 
Kandiyohi and on the reports of the engineers 
and viewers in the matter was continued today 
to February 19 on motion of the petitioners. 

Attorneys for the petitioners stated that 
they were not aware of the presence of any seri¬ 
ous objections until this morning and the Judge 
ruled that additional time was necessary for 
them to prepare their evidence. The petition¬ 
ers also claimed the absence of Surveyor Chute 
as cause for continuance. 

About 50 farmers had come to St. Cloud 
yesterday to be present at the hearing and to 
submit their objections. The absence of Judge 
Roeser made it impossible to hold the hearing 
yesterday and the farmers remained over until 
today. 

“The interest of Mr. Borgerding, associated 
with the petitioners, is evidenced by his pres¬ 
ence here,” stated C. R. Sandvig, one of the prin¬ 
cipal objectors, this morning. “I personally 
overheard Mr. Borgerding making overtures to 
two of the objectors asking them to drop their 
objections if the ditch were stopped before 
reaching their property, thus eliminating their 
assessments. The ditch, as it is laid out, is not 
feasible. An attempt will be made to drain 
Crow Lake into sluggish and stagnant water, 
into a peat bog formed by the back waters of 
the mill dam at New London. The objectors 
are considering their own interests and the 
damage that will result to them if this ditch 
is constructed cannot be repaid. The beauty of 
our homes on the lake shore will be destroyed 
and the lake bottom will not be reclaimed, the 
muck at the bottom of the lake ranges from a 
depth of 10 to 30 feet.” 

.Attorneys Sullivan and Tolman are ap¬ 
pearing for the petitioners and Anderson and 
Johnson for the objectors. 



49 


FARMERS RAISE OBJECTION TO BIG 
DITCH PROJECT IN STEARNS AND KAN- 
KIYOHI COUNTIES; COST $150,000. 


(St. Cloud Daily Times, Thursday, Decem¬ 
ber 27, 1917.) 

Notification was received from Judge John 
A. Roeser from Moorhead this morning stating 
that he was unable to get to St. Cloud today 
for the ditch hearing and requested that the 
entire matter be continued until tomorrow 
morning. That much interest is taken in the 
construction of this Crow Lake ditch may be 
judged from the attendance at the court cham¬ 
bers this morning, there being about 50 farmers 
present with their attorneys. 

The ditch with its laterals is about 30 miles 
long and passes through Stearns and Kandiyohi 
counties and involves the drainage of Crow Lake 
which covers about five hundred acres of land. 
The approximate cost to the farmers for the 
construction is $150,000, according to the state¬ 
ments made by some of the men in attendance. 

IS A FINANCIAL SCHEME 

“We are being netted into paying large 
sums,” said C. R. Sandvig, one of the farmers 
whose land will be affected by the ditch, “to 
have work done which will be a damage to all 
of us as well as to the beauty of the commu¬ 
nity. The whole thing is a financial scheme 
put forth by bankers in our vicinity. To con¬ 
struct the ditch will cost about $150,000, and 
the farmers will have to pay for this with 
money they borrow from these bankers and 
for which they will pay interest at the rate of 
about 8 per cent. It is therefore very easy to 
see why the bankers are very anxious to have 
the construction of the ditch carried out. In the 
next place,” continued Mr. Sandvig, “the ditch 
will damage Crow Lake by draining it, which 
will mean the loss of a natural beauty spot to 
us who have built our homes about the lake, 
as well as a decrease in the producing power of 
our lands because of the decrease in the amount 
of moisture in the soil. As it is the land does 
not retain moisture any great length of time 
and with the loss of the reservoir, Crow Lake, 
our farms certainly would be permanently dam¬ 
aged.” 



50 


Concerning Mr. Sandvig, it might be stated 
that he is conducting an orchard on the shores 
of Crow Lake, and is not only a trained horticul¬ 
turist, but is a well educated natural scientist. 
He has instituted an irrigation and fertiliza¬ 
tion scheme on his property which at present is 
being given much attention by the State and 
National government agricultural departments. 
He has an engine which pumps water and lake 
muck onto his orchard soil at a very small cost. 
The process not only benefits the soil but keeps 
the lake cleared of the floating muck as well. 
-o- 

JUDICIAL DITCH WOULD TEND TO MAKE 
VERITABLE DESERT OF NOW PROSPER¬ 
OUS COUNTRY. 

(The Daily Journal-Press, St. Cloud, De¬ 
cember 27, 1917.) 

That the proposed judicial ditch No. 3, the 
hearing on which was postponed because of the 
absence of Judge Roeser, will make a veritable 
desert of the rich agricultural territory of 
Stearns and Kandiyohi counties which it will 
drain of its surface water, is the assertion made 
by C. R. Sandvig of Belgrade this morning. 

Mr. Sandvig is one of the objectors to the 
project. He stated that the agitation for the 
Judicial ditch had been started by Christ Bor- 
gerding, a banker, so that said banker might 
have an opportunity to loan a lot of money to 
farmers in the territory drained and supposed 
to be benefitted by the drainage project. 

“It will do us no good at all,” stated Mr. 
Sandvig, “and will cost a lot of us a big sum of 
money for turning our land into a desert. The 
land in the vicinity of Crow Lake, the body of 
water to be drained, is dry enough now. There 
is a surface soil of sandy loam over a subsoil of 
light hardpan and gravel. That soil needs all 
the water it can get. 

“To make my own land profitable I have 
built an irrigation plant and my farm of 33 
acres borders on the shores of the lake. There 
are about 500 acres of land covered by the lake 
and only a very small part of this will be avail¬ 
able for farming purposes because there is a 
muck bottom of ten or 30 feet. Many farmers 
have built beautiful homes on the shore of the 



51 


lake and these homes will be made almost value¬ 
less.” 

Mr. Sandvig is engaged in fruit growing. 
He has an orchard of 33 acres. He pumps his 
water from Crow Lake so that his orchard is 
profitable. He fertilizes his land by pumping 
the muck from the bottom of the lake onto land 
with the water. He has installed a 7 H. P. kero¬ 
sene engine which pumps 900 tons of water and 
muck solution in ten hours. That is about a 
ten per cent solution. 

The “muck” farmer has gone to a great 
expense in installing this system and in making 
his home on the shores of the lake beautiful. 
The state and federal departments of agricul¬ 
ture have complimented him upon his success 
in this venture and have sent special agents to 
his farm to study his plan. 

Mr. Sandvig has a lot of photographs of 
the lake and the. lake shore to show the beauty 
of it at the hearing. About 50 farmers were 
present in the court room this morning. Judge 
Roeser was unavoidably detained at Moorehead 
and the hearing will probably be held tomorrow. 
- o--- 

PEAT SOILS OF MINNESOTA AND THEIR 
CULTIVATION 


(From The Farmer, A Journal of Agricul¬ 
ture, St. Paul, Minn.) 

It must be clearly understood that these 
peat areas are not all of the same character and 
that they will not yield to the same treatment 
for agricultural purposes. As a matter of fact 
there are a dozen different kinds of peat in Min¬ 
nesota, often differing radically in the same 
bog. Peat is formed during periods of thous¬ 
ands of years by the decay of vegetable matter 
in lakes and ponds, and in low places where the 
water level remains constantly at the surface. 
As these aquatic plants die and decompose, they 
form successive layers of decayed vegetable 
matter at the bottom, gradually building up un¬ 
til we have the peat deposits of today. Accord¬ 
ing to the kind of plants, and the mineral 
agencies which have assisted in their decompo¬ 
sition, the peat will vary in character. A pe¬ 
culiar characteristic of peat soils is that they 
are especially subject to summer frosts, not be- 




52 


cause they occupy low places, but because of 
the rapid radiation of heat from the sur¬ 
face of the peat. These subnormal tempera¬ 
tures may be prevented by covering the peat 
with a few inches of sand, loam or clay. 

Ordinarily, farmers with small bogs are 
leaving them untouched, or using them as poor 
hay fields or still poorer pastures; and those 
who are trying to raise crops by the same 
methods employed on their ordinary soils, are 
doing so usually with very discouraging re¬ 
sults. Even where the land is satisfactorily 
drained, natural peat soil has proven to be very 
low in productivity; and the vast majority of 
these areas lie idle and undeveloped. In 1917 
the State Legislature appropriated $6,000 a 
year for two years to be used by the State Ex¬ 
periment Station in making investigations of 
peat soils for agricultural purposes. This year 
the Legislature is asked for $10,000 a year to 
continue and extend these investigations. 

The appropriation of 1917 required that 
experiments should be conducted on three tracts 
of peat soil, not less than 10 acres nor more than 
40 acres in each—one to be located in Beltrami 
or some county west of that, a second to be lo¬ 
cated in some northeastern county, and a third 
to be located in the southern half of the state. 
According to these provisions, in 1917 Dr. F J. 
Alway of the Division of Soils, State Experi¬ 
ment Station, made his selections of experi¬ 
mental plots and proceeded to work. 

For the northwestern section he selected a 
piece of land near Golden valley, in Marshall 
County. 

At Fens and at Coon Creek the experiment¬ 
al tests last year were not so satisfactory as at 
Golden Valley. 

At Golden Valley, on the other hand, condi¬ 
tions for the preparation of the soil were most 
satisfactory, and a splendid season last year, re¬ 
markably free from summer frosts, lent every 
encouragement to the conduct of comparative 
tests. Hence, the Golden Valley results are the 
first to be made public. 

Before quoting these results, owners of peat 
land in other sections of the state should be 
warned that the success of a certain treatment 
at Golden Valley does not mean that the same 
treatment will prove successful with them. 


53 


r- 


It may and it may not. Peat soils differ 
very radically in their composition and in the 
treatment which they require. 

In selecting a representative plot, Dr. Alway 
wanted a field of peat, a part of which had nev¬ 
er been burned, manured or fertilized, while 
another part had just been burned. He found 
this on the farm of Mrs. T. G. Dahl at Golden 
Valley. This land had been homesteaded in 
1911 when it was in a wild and undrained condi¬ 
tion. In 1912 a large open ditch was dug past 
the farm. 

The peat varied in thicknesss from a few 
inches to more than three feet. It had been 
pastured in 1911, 1912 and 1913, and in the au¬ 
tumn of the latter year it was broken eight 
or nine inches deep. The next year it was seed¬ 
ed to flax, yielding only about three bushels per 
acre. In 1915 a crop of oats proved a complete 
failure. The following season part of it was 
seeded to oats and part to barley, but both crops 
were failures. In October of that year part of 
the field was burned over lightly, and on this 
part a satisfactory crop of oats was secured in 
1917. The other portion of the field which, had 
not been burned,was again sown to oats in 1917 
and seeded with timothy and clover; and again 
the oats proved a failure, while only a fair stand 
of timothy and clover was secured. Thus, in 
four years, the only real crop which this land 
had produced was a crop of oats on the peat 
which had been lightly burned. 

These farming results were typical of the 
entire district. The natural productivity of the 
peat lands was and is, very low. 

After harvest in 1917 when Dr. Alway took 
over the land at Golden Valley, fires again 
started in portions of the peat and were allowed 
to continue until October. 

Previous investigations of peat in this ter¬ 
ritory had shown that no nitrogen or lime was 
required. 

The phosphate used was acid phosphate, 
400 pounds per acre, costing $4.60 per acre and 
carrying 15 per cent of phosphate. The potash 
used was Nebraska potash salts, 1,000 pounds 
per acre, costing $53 per acre and carrying 
28 per cent of potash. The manure user! was 
fresh horse manure such as may be found on 
any farm, which carries about five pounds of 


54 


phosphate per ton. It was applied at the rate 
of 12 tons per acre to supply the same amount 
of phosphate per acre as the 400 pounds of acid 
phosphate. Obviously, the phosphate and ma¬ 
nure are cheaper than the potash, and fortu¬ 
nately these were the fertilizers that were 
found to be required. 



-jj 

Plowed 
and rolled 

12.4 

59.7 

66.4 

42.4 

49.9 

Lire 

22.0 

173.0 

388.0 


1.48 

1.82 

1.08 

3.96 

1.62 

2.09 

16.00 


K 

Ph 

Q 

w 

y- 





& 

> 

Plowed — 

05 O O © CO <H H O O 

©i co d co oo © h 

r-irfit-»tllO_g©lt'-l~ 

$ rH CO 

I 

1.39 

1.53 

0.68 

3.42 

1.44 

1.22 

17.60 

s 

rs 

*3 

S3 

tf 

5 

Not plowed 

ICO CO CO CO ©1 Scco© 
©i »© oo ©4 1 - o oi t-i ^ 

rH CO 

< 

£ 

eft 

O CO CO rH 01 OI o 
OI CO ICO 05 ©5 rH CO 

r-i HOCidri © 

OI 

e* 

§ 

< 


Manure — 

CiGCt-COt-t-OlOO 
CO CO 1 H id cl © Tji ©1 rH 
rHCOt-OICOrHOIO-f 
rH ©1 

s 

§ 

.3 

CO CO CO ■'f ^ 00 o 
CO CO CO CO ^ CO 

o' ©ociooH 

1 

eft 

◄ 

H 

£i 

Q 

Phosphate 
and potash 

iHlOrHOt-l'-t—OO 
*t' oo ci © h tP w h co 

CO t- CO CO rH o ^ 

rH r -1 

g 

O o t ^ <M O 

co 4’Ci© o t— i- 
d © © co © o’ oi 

«5 

9 

a 

H 

55 

g 

M 

Phosphate _ 

OOCOCOCOCOOiOlO© 
rf oi rH rfi CO ico 00 d 

CO 00 <N ©1 H 05 

rr 

£ 

•a 

a 

-f o O 00 OI 00 o 

00 00 ICO »o CO rH OI 

© o o’ oi o r-5 oi 




X 


eft 

g 
*—* 

Potash- 

® rl O Cj H t- M O O 
CO rji ICO r-i Tji 00 o' CO 1© 
HCOHH H©« 

I 

o' cdodo’rt 

r S 

a 

es 


No manure 
or fertilizer 

CO CO GO t* TJJ (M 00 O O 
CO rji d t-’ rji 00 © ©5 ICO 
r-i CO rH r-l ICO rt 1 

i 

3 

0.04 

0.04 

0.04 

0.04 

0.04 

0.12 j 

1.70 

.3 

3 

u 

O 

© 

<jn 

2 

"Z 

S 



Wheat __ 

Spring rye- J 

Oats - - 

P»arley—oberbrucker 
Barley—local variety 

Flax _ _ | 

Field peas —- 

Potatoes _ 

Rutabagas - 

© 

o 

<« 

[3 

S 

Red clover, timothy 
and redtop — — 
Alsike, timothy and 

redtop _ - 

Alfalfa _ 

Sweet clover - 

Brome grass__ 

Western rye grass— 
Rape—green- 


It is interesting to know, too, that the 
amount of phosphate liberated in peat by burn¬ 
ing a six inch layer off of the surface amounts 
to 300 pounds of phosphate per acre, which is 
equal to the amount of phosphate contained in 
2,000 pounds of acid phosphate or 60 tons of or¬ 
dinary stable manure. 

In that section the owner of deep peat land 
has three methods of procedure before him. If 































55 


the season is dry, he may burn the top layer 
of his soil and obtain available phosphate in 
that way. If he cannot burn, he may apply the 
phosphate in the form of stable manure. And 
if the manure is not obtainable, he will have 
to buy acid phosphate. Where acid phosphate 
can be obtained his county agent should be able 
to tell him. 

Obviously, one treatment of acid phosphate 
or manure will not produce large crops over a 
period of years. It must be renewed. Dr. Alway 
recommends a liberal dressing of phosphate fer¬ 
tilizers in the first year (as was applied to his 
experimental plots), followed by lighter appli¬ 
cations in succeeding years. The length of time 
burning will suffice to make peat soil productive 
probably depends upon the depth of the remain¬ 
ing peat layer. 

Dr. Alway urges farmers in Northwestern 
Minnesota not to accept these results as final, 
but first to try them in an experimental way. 

As to the owners of peat land in other sec¬ 
tions of the state, these experiments are not 
Intended to apply except possibly in a suggest¬ 
ive way. Singularly, all the knowledge obtain¬ 
able as to the cultivation of peat soils in other 
lands indicates potash as the principal fertiliz¬ 
ing element lacking. It may be that peat soils in 
other sections of Minnesota require potash or 
lime, or both, rather than phosphate. Owners 
of such soils may experiment with these three 
fertilizers to their heart’s content. 

This corroborates the evidence brought out by 
Sandvig by his own testimony and his cross examina¬ 
tion of the state's witnesses; that plants drawing 
their sustenance from air and water decaying after 
maturing creates the muck and peat as we have it 
and would, if nature were left to finish its work, 
build up these deposits into dry ground without the 
expensive ditches which benefit principally ‘‘other in¬ 
terests” than agricultural interests. The researches 
quoted above also corroborate the evidence introduc¬ 
ed by Sandvig that peat and muck is not a good or 
perfect soil. The above information also places the 
agricultural College as one of the “other interests” 


56 


than agricultural interests. Six thousand dol¬ 
lars a year was obtained for the agricul¬ 
tural College as a starter. After only 2 
years $10,000 a year of the “tainted drainage 
money” is asked. In the statement, “Peat soils 
differ very radically in their composition and in 
the treatment which they require,” we have an in¬ 
timation that there may be no limit to the appro¬ 
priations of “tainted money” that the Agricultural 
College can make use of. in operating experiments on 
every drained 40 acre plat, to determine how much 
“benefits” the farmer will need to pay the “manufac¬ 
turers of commercial fertilizers” before the farmer 
can raise even a single crop. First, the Agricultural 
College, knowing professionally even before the 
farmers began to learn by the bitter lessons of ex¬ 
perience, that peat and muck soils are worthless 
advocated drainage—in fact carried on a drainage 
propaganda service with the very funds entrusted to 
it for difusing VALUABLE agricultural knowledge. 
Now that the mischief of drainage has been done, 
they are after big and still bigger chunks of “tainted 
money” to conduct experiments to determine what 
kind and how much “commercial fertilizers” a farm¬ 
er will have to buy to produce each uncertain crop. 
We may expect that the Agricultural College will 
soon go after appropriations of “tainted money” for 
conducting experiments to determine what kind and 
how much “commercial poisons” a farmer will have 
to buy per acre to combat the cut worms. 

The suggestion that farmers who have been 
plundered by the drainage octopus may still obtain 
one “satisfactory” crop of “oats” (perhaps wild oats) 
by burning the peat must be considered at its face 
value in connection with the fact that in the fall of 
1918 about 1,000 human lives were murdered in 


57 


Minnesota by “burning the peat”—by fires that 
spread from burning peat bogs. There is no logical 
reason why heads of departments of Agricultural Col¬ 
leges when they become responsible for the slaughter 
of human lives should not be tried and punished for 
the same, in identically the same way as railroad en¬ 
gineers when they become responsible for the slaugh¬ 
ter of human lives are tried and punished for the 
same. One thousand human lives were slaughtered 
because fires had been kindled and because drainage 
had made peat bogs and timber mulch dry enough to 
burn, with a holocaust that made escape in speedy 
automobiles a tragedy. 

We could not publish the entire two-page article 
but publish the principal portions, including the table 
of results, which is really remarkable in that it indi¬ 
cates that at a cost of $6,000 per year the Chief of 
Division of Soils has at a cost of $4.60 to $53.00 per 
acre for commercial fertiliers obtained some remark¬ 
able crop increases on one out of three 10 to 40 acre 
plats of peat soil for a single, exceptionally favorable 
season; and ordinary farmers are warned that they 
really must not expect to obtain the same results by 
just copying the same methods. The experiments 
conducted by the Chief of Division of Soils does not 
prove that drainage is a “benefit” except to “other 
interests” than agricultural interests. 

-—o- 

HOW TO TREAT SURPLUS SUPPLIES OF 
WATER 


MUST BE MADE TO GATHER PLANT FOOD, 
AND STORED IN THE SOIL. 


In the Jan. 17, issue, the Minneapolis Jour¬ 
nal editorializes on Minnesota’s surplus water 
supply, and in the Jan. 24, issue, Mr. Ed L. 
Peet advises what he thinks should be done 
with this surplus. Both articles follow: 

Topographically Minnesota is a shallow pan 
on a high shelf—a plateau one thousand feet 





58 


above the sea and the starting place of three 
great water systems. Minnesota is truly the 
Mother of Waters. In the process of making the 
land bring forth food the disposition of this wa¬ 
ter is the problem that leads all others. ? 

The successful management of Minnesota s 
surplus waters is a problem appalling to men 
wise enough to comprehend it. A generation ot 
haphazard ditching has produced a scramble of 
drains that often work great mischief. There 
are drains that convert beneficent marshes 
into fire traps, and make useless swamps out of 
food-producing lakes. There are ditch systems 
which empty waste water recklessly upon well 
drained farms. 

Tiling and ditching, undertaken in order to 
make land fertile, revolutionize the flood ques¬ 
tion. The Dayton and Hamilton floods in Ohio 
proved that tiles bring water to the valleys 
with a rush that may be disastrous. Impound¬ 
ing flood waters is a vital factor in the drainage 

problem. _ 

HOW TO TREAT SURPLUS SUPPLIES OF 
WATER. 

To the Editor of the Journal: 

The “Minnesota Surplus Water” editorial 
that appeared in the Journal Jan. 17 is the best 
statement I have ever seen of a real danger that 
confronts the state. Calling Minnesota “a shal¬ 
low pan on a high shelf” is wonderfully apt. 
This pan may be a blessing or a curse as it is 
treated 

One set of men are ever trying to heap up 
the edges and store more water in the pan and 
another set seek to remove the edges and take 
out all the water. Either method is dangerous. 
Water held in ordinary reservoirs is liable to 
break forth at any time and destroy lives and 
property. Ditches and tiles that carry away 
more than an even flood of water after every 
rain bring disaster lower down. 

The swamp water is rich in plant food. 
Why not raise this water out of the swamp and 
spread it with all its richness over the land 
instead of dumping it on our neighbor below and 
finally letting it pass to the bottom of the 
ocean ? 

A hundred miles west of Minneapolis lives 
a mechanic on the shore of a lake. To clean 
out this lake he made a reservoir on his little 


59 


farm and pumped the mud up into it. Much of 
the water soaked into the ground but lots 
of it carried the mud (rich plant food) to his 
growing crops and pumped the food into the 
veins of the plants. He irrigated and fertilized 
at the same time. Last season he was the 
only man for miles around who raised any small 
fruit. Drouth came when the plants needed 
water, but Mr. Mechanic got a crop when Mr. 
Farmer dried out. 

This man with a plant costing $500 raises 
1,000 tons of muddy water 20 feet in 10 hours 
with an operating expense of less than $5. 
Sometimes this water carries 10 per cent of 
plant food. The cost is insignificant. If this 
plant was running steadily 24 hours every day 
for seven months in the year it would take 
enough mud out of the swamp or lake to make 
room for a lot of new rain water. Or if the 
system was worked on a large scale whole 
swamps could be changed into beautiful lakes 
in a single season. 

Thousands of acres in Minnesota are very 
sandy. Where there is sandy land in this state 
there is always a swamp close by. Many of 
these swamps when drained are not productive. 

The same labor that would be employed in 
impounding waters with dams and lowering wa¬ 
ter with ditches would pump the plant food 
over thousands of acres and the increase in 
crops would pay for the labor almost from the 
start. 

Undrainable swamps and muddy lakes can 
be cleared out and the fertilizer placed on the 
land at a cost much less than that of hauling 
out the same value of plant food from the barn¬ 
yard manure pile. 

In the district over which the great forest 
fire raged last fall there would have been no 
danger from spreading fires had there been 
an irrigating fertilizing reservoir at the high 
spots through the cut over land. Even if there 
had been no cultivated fields near at hand to use 
the mud, there would have been seepage enough 
from the reservoir to have moistened the 
ground so that fires would not have spread. In 
reforestation the reservoirs are valuable. I can 
show you lands where moisture has been prop¬ 
erly conserved and the trees have grown in 20 
years from seed to more than a foot through, 


60 


while other trees near by, of the same kind 
and on the same kind of land not taken care 
of have grown but a single inch in the same 
time. All due to the difference in moisture de¬ 
posited at the tree root. 

The net cost of deepening the pan will be 
absolutely nothing if the mud removed is so 
placed that it will enrich land as the new crop 
will more than pay back the money expended. 

There is no limit to what good engineers 
can do in carrying out this plan. Water that 
should go down the streams in an even flow 
every day of the year, free from plant food 
could be used to generate electricity and run all 
the pumps required to lift the mud solution 
to the summits. Millions of gallons of water 
could be stored in the ground as it soaked down 
from the reservoirs on the higher ground 
and as it soaked away it would come out lower 
down in springs, either open or under the wa¬ 
ters of the lakes. 

Years might be occupied in cleaning the 
pan but while the work is going on the good 
results obtainable from year to year would be 
so satisfactory that we would contemplate with 
pleasure the great prospects ahead along simi¬ 
lar lines for our descendants. We can not af¬ 
ford to increase the water surface of this pan 
neither should we destroy it by ietting all the 
water out of it in floods. Every drop of water 
that comes to Minnesota should be kept here un¬ 
til it is utilized to create power, feed plants or 
is sent by evaporation to our unfortunate 
neighbors in the drouth stricken regions. 

HOW TO IRRIGATE 0 WITH MUCK; SUR^ 
FACE WATER. 


C. R. SANDVIG OF BELGRADE, MINN., 
TELLS HOW MUCK CAN BE PUMPED ON¬ 
TO FARM LANDS. 


In the January 29 issue of the Minneapolis 
Journal, appeared the following communication 
on muck irrigation: 

To the Editor of the Journal: 

Muck in the water cheapens irrigation, just 
as lubricating oil cuts down the expense of run¬ 
ning a car. There is no power in lubricat¬ 
ing oil. It is in fact an extra expense but it 





61 


is an “extra expense” that actually makes 
it cheaper to run a car than without this 
extra expense. In practically the same way 
the extra expense and equipment required for 
dredging muck into the irrigation water makes 
it cheaper to irrigate. With muck there is less 
loss of water in ditches from seepage, just as 
there is less friction in a car when using lubri¬ 
cating oils. With muck the ground 
is “sealed up” as it receives the amount of water 
it requires. Irrigating sandy soil with clear 
water is like trying to fill a bottomless bucket. 
The water drops down through, requiring a 
much larger stream to make it flow down along 
the rows. A larger stream requires a larger 
pump and of course a greater operating ex¬ 
pense. A large stream of clear water will pick 
up humus in the soil and wash it away, with the 
result that after each irrigation the soil is left 
poorer. The poorer the soil the oftener it needs 
water. The result of irrigating with 
clear water is therefore: the more you irrigate 
the oftener you will have to irrigate. In irri¬ 
gating with muck the deposit retains moisture. 
This muck, once incorporated with the soil, also 
absorbs moisture from rains and melting snows, 
with the result that the oftener you irrigate 
•(with muck) the less you have to irrigate. 

Irrigation with muck is not patented. The 
finished idea and simple equipment is my con¬ 
tribution to a starving world to help it obtain 
more bread on less land and with less labor. Ed 
L. Peet is only one of many who have come to 
investigate it. Others have come from distant 
states. I meant well. I meant to give this idea, 
worth billions of dollars to a starving world 
without exacting tribute on a patented monop¬ 
oly. Now a time limit has expired since the idea 
was perfected by which I have forfeited the 
right to a patent. But, now, too late, I have 
learned the sad lesson that an idea that is not 
patented is like a ship in mid-ocean without 
either engines or sails. It has to be salvaged. 
It has to be taken in tow. There is no one to ad¬ 
vertise for profit an idea that is not patented. It 
has to be given publicity in the same spirit in 
which it was given to the world. The press will 
have to give this idea publicity for patriotic rea¬ 
sons instead of for “so much” as advertise¬ 
ments. 


62 


CROSS EXAMINATION OF STATE’S WITNESSES, 
EVIDENCE AND TESTIMONY BY C. R. SAND- 
VIG—(THE “FARMER.”) 


Mr Sandvig: I will offer as exhibit a sample of 
spring water taken at Wiebe’s spring by myself. It 
is not intended as a sample of lake water, but as 
spring water. 

Mr. Sullivan: I will waive any objection. 

Mr Sandvig: I would like to make the reservation 
that I may drink out of this as long as it lasts. 

Mr. Sullivan: No objection on our part. You can 
have some out of our bottles for a wash. 

Mr Sandvig: As Mr. Sullivan raises the piont, I 
propose to prove that this is better than St. Cloud 
slough water. (Witness takes a drink of the water.) 

Marked for identification, Sandvig’s Exhibit 1. 

Mr. Sandvig: I would also offer as exhibit, sample 
of muck taken from Crow Lake by myself; known to 
be muck taken from Crow Lake, for exhibit and 
demostration purposes. . 

Marked for identification, Sandvig’s Exhibit 2. 

The Court: Any objection to the offer? 

Mr. Sullivan: No; no objection. 

The Court: It is received. 

Mr. Sandvig: I also offer for exhibit and demon¬ 
stration purposes a sample of our surface soil. 

The Court: Taken where ? 

Mr. Sandvig: In the vicinity of Crow Lake; taken 
by myself. 

Mr. Sullivan: State where you took it. 

Mr. Sandvig: Well, this was taken from flat 
ground, as it was more convenient; I took it from Mr. 
Linderholm’s farm. 

Mr. Sullivan: At what distance from the lake? 

Mr. Sandvig: Well, within a quarter of a mile. 

The Court: Any objection? 

Mr. Sullivan: No. 

The Court: Received. 

Mr. Sandvig: I also offer a number of photographs 
taken by myself and known to be correct according to 
the limitations of the camera, for convenience nailed 
on the two sides of a board. 

Marked for identification, on one side, Sandvig’s 
Exhibit 4, and on the other side, Sandvig’s Exhibit 5. 
The individual photographs comprising said Exhibit 
4, were then marked for identification 4-A to 4-1, 
inclusive; likewise the individual photographs com¬ 
prising said Exhibit 5 were identified individually 
5-A to 5-1 inclusive. 


63 


Mr. Sullivan: No objection. 

The Court: They are received. 

Mr. Sandvig: I will offer an additional photograph 
taken by myself in front of my property, showing 
conditions that did exist. 

The Court: At what time ? 

Mr. Sandvig: I think 1916. 

Mr. Sullivan: No objection. 

Marked for idenification, Sandvig’s Exhibit 6. 
-o- 

THE LAWYERS FAIL IN AN EARLY ATTEMPT 
TO CONFUSE AND EMBARRASS THE “FARM¬ 
ER” WITH COURT RULES AND LAWYERS 
TRICKS. 


Mr. Sandvig: I wish to state that my position is 
made difficult;- 

Mr. Sullivan: Now, just a moment; is the gentle¬ 
man testifying or is he going to make an argument ? 

The Court: I presume he is still under oath. He 
was sworn in this case already. 

Mr. Sullivan: Well, then if it is testimony I object 
to it as incompetent, argumentative, stating an opin¬ 
ion. I shall object to declamations and speeches un¬ 
der the guise of evidence. 

Mr. Sandvig: I believe I have a right to both evi¬ 
dence and argument. 

The Court: Well, not at the same time. You have 
a right to introduce your evidence the same as the 
others and be subject to cross examination, and 
make your arguments after the completion of the 
testimony. 

Mr. Sullivan: Yes; I want to be liberal. 

Mr. Sandvig: You want me to introduce as evi¬ 
dence all my testimony first, and then make argu¬ 
ments afterwards ? 

The Court: Yes, that is the ordinary way. 

Mr. Sandvig: Well, what I started to say is not 
bearing on that. I wish to say that my position is 
made difficult by reason of the faet that in the evi¬ 
dence already submitted, some points of which have 
been at issue, the petitioners have given the best side 
of the evidence for my purpose. . . 

Mr Sullivan: Now, if your Honor please, this is an 

argument . , . 

Mr. Sandvig: I just wish to review the points m 
which I don’t want to raise any issue with the 
petitioner’s witnesses. 

The Court: Well, are you making an opening state¬ 
ment? 





64 


Mr. Sandvig: Well, perhaps it is. 

Mr Sullivan: Well, even in an opening statement . 
it is incompetent to comment on the sufficiency of 
our evidence. 

Mr. Sandvig: Well, it is immaterial as to whether 
I explain what points I want to take up, just as Mr. 
Sullivan and his witnesses presented them, or not. I 
simply thought that it was simplifying matters. 

THE '‘FARMER” DISPLAYS A SCIENTIFIC 
KNOWLEDGE OF PHOTOGRAPHY, BOTANY, 
AND DRAINAGE ENGINEERING. WITH 
TRUE LAWYER INSTINCT HE BRINGS OUT 
NEW LIGHT ON THE COMPLEX DRAINAGE 
PROBLEM. (SEE EXHIBITS ON FILE WITH 
CLERK OF SUPREME COURT.) 


I wish to call on Mr. Chute. 

SAMUEL S. CHUTE, a witness on the part of the 
petitioners, was then recalled, for cross examination, 
and testified as follows. 

Examination conducted by C. R Sandvig: 

Q. Exhibit E, wishing to refer to Exhibit E, you 
have stated that this was taken under your obser¬ 
vations or according to your directions ? A. It was 
taken under my direction. 

Q. And is a portion of Crow Lake? A. Yes sir. 

Q. That was taken from a boat ? A. No sir. 

Q. By wading out into the waters and pointing 
the camera towards shore? A. My instructions 
were to take that from the edge of the water and fol¬ 
low along the shore, with the camera pointing along 
the shore, so as to show the nature of the vegetation 
as you leave the shore and out towards the lake. 

Q. This picture was taken from a point not very 
far from the shore the camera pointing towards the 
shore, and not very much of an angle along the shore, 
as you will see? A. That picture was taken on 
the south bank of the lake from a point on the shore. 

Q. On the shore, taking the shore from the 
shore? A. Taking the shore and taking in that 
point which protrudes out Into the lake, and shows 
a bay on the westerly side of the point of timber 
which runs out on the south bank of Crow Lake. 

Q. I fail to see the indications in the picture that 
it was taken from the shore. A. I am sorry you 
can’ see them; I can. 

Q. Well, as a matter of fact, how big a portion of 
Crow Lake does that show ? A. Very small portion; 
simply that bay there, probably four acres of that 




65 


bay. 

Q. Is there more than half an acre of Crow Lake 
shown in that picture? A. Yes, best of my judg- 
men there is about four acres of that bay shown 
there. 

Q. It is a very small portion of Crow Lake over 
one of the widest bays that you could find ? A. It 
was taken not at points direced by me, but taken as 
directed, to find points which would show the charac¬ 
ter of the vegetation along the shores and extending 
out into the lake. 

Q. And referring to Exhibit D, that also was 
taken from a point out in the lake, with the camera 
pointing towards shore at a distance of not more 
than three rods from the shore, was it not? A. 
That picture was taken on the north side of the lake, 
and taken from the shore. 

Q. Pointing towards the shore? A. Pointing 
towards a point of the shore which extends out into 
the lake. 

Q. According to these pictures there must be 
some very sharp points In that lake, if they are taken 
as you specify. A. The points are exactly as shown 
on the photograph, by that photograph. 

Mr. Sandvig: Your Honor, I wish to call your at¬ 
tention to the fact that those pictures show in the 
foreground a portion of muddy water, and in the 
background the shore. How can a picture be taken 
from the shore showing the shore, unless there is a 
half moon or circle shore around the lake, which 
there is not to my knowledge ? 

The Court: Well, that of course is a matter of 
argument; go ahead with your examination of Mr. 
Chute. 

Q. Referring to Exhibit C, this is a photograph 
taken from out in the lake with the camera pointing 
directly towards shore at a distance of about ten or 
fifteen rods from the shore? A. No sir, there is 
none of those pictures taken from out in the lake; 
they are all on the shore. 

Q. How can you get the shore in the background 
of the,—if it was taking a picture from the shore? 

A. Well, there is dents and bayous in that lake, and 
bays; picture shows for itself. 

Q That is just the point; the picture shows 
for itself. A. None of those photographs were ta¬ 
ken from a boat in the lake; they were all taken from 
the shore. 

Mr. Sandvig: I call the attention of the Court to 
that photograph, and what the indications are. 


66 


Q. Referring to Exhibit G, this is a view taken 
from about the piont where the ditch runs out of the 
lake, into the shore, is it not? A. Taken from a 
point slightly north of where the ditch runs out of 
the lake 

Q. Well, within five rods? A. Well about, 
I should say about five or six rods north of 
the outlet, that was taken. 

Q. How much open water is shown in the fore¬ 
ground of that picture? A. Well, it is impossible 
to state how much open water; you can see the first 
patch of open water pretty near shore. 

Q. Yes. A. Well, I couldn't tell from the pic¬ 
ture, but I can tell from what I know of the lake that 
there is about an acre or two there of open water. 

Mr. Sullivan: Now, Your Honor, this line of tes¬ 
timony is not directed towards Mr. Sandvig's propo¬ 
sition over there on the lake. I thought he was going 
to bring up something we had not gone over before. 

Mr. Sandvig: I am pleading my own case, and I 
propose to make objection to any point at issue, 
which I have a right to. 

The Court: Well, of course, if we had known 
that, we would not have closed that part. Well, go 
ahead. Make it as brief as possible. I don't want to 
shut out anybody. 

Q. Beyond this very small opening of water there 
seems a fringe of weeds, how wide is that fringe of 
weeds? A. Well, in different seasons that is differ¬ 
ent. I can't tell. That is a bunch of green weeds 
there, probably twenty rods across it,I should judge 
that first batch, but there is weeds that stick up to 
the top of the water that cannot be seen on that 
photograph. 

Q. Twenty rods? A. Yes, I should judge that. 

Q. And that scene has been placed in such a way 
so that the weeds make it appear as if practically the 
whole lake is weeds. And referring to Exhibit F, 
this view was taken from a point about twenty rods 
back from the shore, in the west end? A. No sir, 
it was taken from the bank's edge on the west shore. 

Q. From the water's edge with trees growing in 
the water? A. Willows and small trees, small 
brush; I don't know that there is any trees. 

Q. How much of the west end, the distance, what 
is the distance in the west end covered by these 
weeds? A. Oh, it is about a quarter of a mile I 
guess; that is, I mean when the lake is entirely full 
of weeds it is a quarter of a mile from the shore. 

Q. The picture was posed in such a way as to in- 


67 


dicate that the whole of the lake is practically cover¬ 
ed with weeds. You probably heard testimony made 
by Mr. Bradley, I believe, in regard to the plants in 
the lake deriving some of their plant food from the 
water and air? A. I didn't hear any testimony of 
his to that effect. 

Q. What is your knowledge on that question? 

A. Don't know anything about it. 

Q. Don' know anything about it? A. I am not 
a botanist. 

Q. You didn't hear Mr. Bradley testify on that 
point? A. No sir. 

Q. Well, assuming that his testimony was cor¬ 
rect, that the vegetable plants would derive some of 
their plant food from the water and the air, the lake 
would be gradually filling in with muck more and 
more from year to year as these plants decayed, 
would it not ? A. I presume. 

Q. Referring to Exhibit—Sandvig's Exhibit 6, 
which shows a portion of the shore line as it was in 
front of my place in process of improvement, you 
probably noticed that at various points, some points 
in the bays about that lake there is a vegetable 
growth of slough grass extending out into the lake, 
did you not? A. Yes, there is every kind of vege¬ 
tation that grows in a slough; everything that grows 
in a slough is in that lake, that I know of. 

Q. You probably realize that this slough grass sod 
is creeping out into the lake; is that not the nature 
of things in these muck lakes ? A. Yes sir. 

Q. This slough grass portion of the lake is what 
you would really call of a marshy condition without 
any question, is it not ? A. Oh yes. 

Q. No question on that point. It looks as if, you 
don’t see any water, and still if you walk out on it 
you may sink down with hip rubber boots ? A. It 
is marshy. 

Q. Where this slough grass covers the lake it is 
decidely marshy ? A. Yes, and other places too. 

Q. This condition is creeping out into the lake? 

A Yes sir. 

Q. Now,’ you testified that the ditch had been laid 
on a level for three miles ? A. Yes sir. 

Q. In order to prevent the muck from rushing 
out through the ditch? A. Yes. 

Q. Now, in case these drainage proceedings 
should have been delayed until that marshy condition 
would have covered the lake, assuming that it would, 
there would not have been so much danger of the 
muck and semi-liquid fluid in that lake rushing out 


68 


after it is once covered by and held down by slough 
grass sod? A. The drier it gets. 

Q. Aside from the question of drying, this slough 
grass would hold the muck together? A. Where 
there is slough grass it would hold the muck to¬ 
gether. 

Q. After a lake is once covered with slough grass 
it will stick together certainly? A. Cerainly, if 
you get it into a really nice meadow it will absolutely 
stick together. 

Q. In these drainage laws I suppose we may as¬ 
sume that the Legislators consulted the State Drain¬ 
age Engineer, or good drainage engineers, in drafting 
these laws; isn’t that reasonable ? A. I don’t 
know; I don’t think they did. They took the bull by 
the horns themselves. 

Q. Well, it is stated in these laws that a lake to be 
drainable should be marshy; is it not reasonable that 
it is meant that it will be cheaper for all concerned, 
more practical, to wait until there is no question as 
to the marshiness of the lake, until this slough grass 
sod has covered the lake bed, so there is no question 
as to its value for fishing, boating, and until this 
slough grass sod has tied together this marsh? A. 
Well, if you wait until it gets dry you wouldn’t 
need any ditch. 

Q. Well, does a lake get dry by the time it is 
covered with slough grass sod? A. I have seen 
lakes dry up entirely. 

Q. Then if we wait a few years we won’t have to 
pay for this ditch? A. Wait a few centuries. 

Q. How many centuries ? A. Oh, I don’t know; 
I am not an expert; might come some very wet seas¬ 
ons and run up to where it was originally. 

Q. That’s all. (No answer.) 

Mr. Sullivan: That’s all. 

THE “FARMER” PLAYS DETECTIVE. HAS OB¬ 
TAINED A PRINT OF A PHOTOGRAPH TAKEN 

BY THE STATE’S ENGINEERS AND VIEWERS 

BUT NOT EXHIBITED BY THEM. PLACES 

THE IDENTICAL SAME PHOTOGRAPH ON EX¬ 
HIBIT AND OBTAINS VALUABLE INFOR¬ 
MATION. 


Q. Or, just a minute, Mr. Chute. In the list of 
expenses charged against these proceedings there is 
an item of three dollars paid to Mr. Manz, in Bel¬ 
grade. Mr. Manz is a photographer, is he not? A. 
Yes sir. 




69 


Q. He took some photographs for you? A. 
Yes sir. 

Q. Have those photographs been exhibited? A. 
Those are the two,—those two photographs on 
cardboards, there on the judge’s desk. I so identi¬ 
fied in my direct examination. 

Q. These two photograhs? A. Yes sir. 

Q. And he took another photograph; he took 
three photographs, did he not? A. It is possible 
that he took three of them. 

Q. Is this one of the photographs Mr. Manz took? 

A. Well, I think it is, yes sir, although I haven’t 
seen that before that I know of. 

Q. You recognize the men who posed for that pic¬ 
ture? A. Yes sir. 

Q. It is evidently one of the photographs taken 
by Mr. Manz? A. Yes sir. 

Q. Now then, the springs,—who are the men who 
appear? A. Mr. Lahr, the chairman of the County 
Board, and Mr. Lang, an engineer in my employ. 

Q. You know then that this is one of the photo¬ 
graphs taken by Mr. Manz to be used as an exhibit 
here, and has been omitted ? . A. That was a photo¬ 
graph taken by Mr. Manz. 

Q. Do you know that it is a correct photograph ? 
A. I know that it is a photograph taken there of 
the lake, with those gentlemen in the foreground. 

Mr. Sandvig: Wish to offer this as an exhibit. 

Marked for identification, Sandvig’s Exhibit 7. 

Q. This photograph was taken at a point south— 

Mr. Sullivan: Well now if you offer it I want to 
see it. I just want to ask Mr. Chute a question. 
Scattered through apparently the surface of the 
water on a considerable area of that photograph, do 
you notice any signs of vegetation ? 

The witness: Yes sir, all over that. 

Mr. Sullivan: It is to be seen without spectacles? 

The witness: Yes sir. 

Mr. Sullivan: No objections. 

The Court: Received. 

Q. Why was this photograph not offered with the 
other exhibits? A. The other photograph, we had 
the plates; no, I don’t know, to tell you the truth, 
there is no reason for concealing any of these photo¬ 
graphs. 

Q. Except that this photograph shows more of 
the lake? A. This photograph shows more clearly 
all the vegetation that just reaches the top. 

Q. Well, it is a partial photograph, but it is better 
than any of the others you have submitted. A. 


70 


That is in your judgment. . • 

Q. Well, in anybody’s judgment? A. it is a 

better view of the open water. 

Q. It is more comprehensive, there is more 01 the 
field of the lake ? A. No sir; these two show more. 

Q. This photograph was taken from nigher 
ground ? A. Yes, and therefore it is not as good. 

Q. Because it was taken from higher ground. 
You mean lower down to the surface of the water tne 
more of the surface of the water you can see? A. 

I don’t contend that. There is a happy medium 
which you want to strike and which we attempted to 
strike. 

Q. Well, don’t you know that the higher the 
ground the more you see of the lake? A. If that 
would be true, the best picture you would get would 
be right from the top. 

Q. Certainly. A. I don’t think so. 

Q. If you took a picture right down from 
the shore you would get a distorted view as to the 
relative area covered with weeds and water, wouldn t 
you ? A. I think so. . 

Q. From what point on the lakeshore was this 
photograph taken? A. That one, I don’t know. 

Q. It was taken from a point south of Jorgen 
Pierce’s buildings, was it not? A. I don’t know. 

Q. You don’t know anything about it? A. Mr. 
Lahr can identify it. ^ 

Q. You say that without the aid of a glass it 
shows more clear—what is the nature of that vege¬ 
table growth? A. I don’t know; weeds that ordi¬ 
narily grow in a sloughy lake, shallow lake. 

Q. Is it not a field of water lilies? A. I can’t 
state; might be; I don’t know. 

Q. Might be; you don’t know whether it is or 
not? A. No. 

Q. Could you as an engineer state at what eleva¬ 
tion above the lake that was taken? A. I should 
judge that the camera there was about twelve feet 
above the lake, although I can’t state; I am not a 
photographer. 

Q. And about how far back from the shore? A. 
Well, perhaps a hundred feet, I should judge; it is 
impossible to state. I am not an expert photogra¬ 
pher. I should judge that the camera was placed 
probably 75 or 100 feet back from the lake, at an 
elevation of ten to fifteen feet, and these two people 
in the foreground. 

Q. And Mr. Lahr, the Chairman of the Viewers, 
is one of them? A. Yes sir. 


71 


Q. Thats all. (No ans.) 

Mr. Sullivan: That's all. 

P. N. LAHR, a witness on the part of the petition¬ 
ers, was then recalled, for cross examination, and 
testified as follows: 

Examination conducted by C. R. Sandvig: 

Q. You have heard the testimony; you are one of 
the men posing for a picture in that picture, are you ? 

A. I am. 


Q. That picture was taken at a point directly 
south of Jorgen Pierce's buildings, was it not? A. 
Well, there is buildings there, but I wouldn’t know 
the name of the parties that own the buildings; 
south of some buildings there, yes. 

Q. South of some buildings ? A. Yes sir. 

Q. About how far south of those buildings ? A. 
About how far south of those buildings ? 

Q. Yes. A. Oh, I should judge about forty 
rods. That is as far as I can remember here now; I 
wouldn't say whether it would be a little less or a 
little more. 

Q. These buildings are built on high ground over¬ 
looking the lake, and this is on the ground south of 
the buildings ? A. Yes, I think so. 

Q. And in the near foreground where that picture 
was taken there was a field of water lilies as you re¬ 
member it, was there not? A. Yes; point of land 
running out into the lake; and the camera was on 
that point, shown right in there where the lake 
is the widest I think, water comes closest to the 
shore. 

Q. And there was a field of water lilies in front of 
that camera? A. Yes, there is practically all 
through there, there is some of that stuff in the 


Q. With your knowledge of photography you ex¬ 
pected that this view taken as if to show a goodly 
portion of the lake would make it appear that the 
lake is covered with water lilies because of the fact ? 
A. I have no knowledge of photography; don’t know 
nothing about it as far as that is concerned. 

Q. But that view was taken in front of those 
water lilies ? A. Well, the view was taken to get 
the lake as it is. „ 

Q. With the water lilies posed m the fore¬ 
ground? A. Whatever there was there, yes, cer- 

^q! 7 *Do you mean to tell us all that lake is covered 
with water lilies? A. I don't say that. 

Q. But this was posed so as to make it appear 


72 


that we have a picture of the lake and at the same 
time have water lilies in the foreground? (No an¬ 
swer.) 

Q. Referring to Objectors' Exhibit No. 7, do 
you recognize that as a picture or series of pictures 
of Crow Lake? (No answer.) 

Q. If you use a glass. A. In which way, if you 
want it to aid me. 

Q. Well, if you get it posed right. A. What do 
you like to have me do: point out where the camera 
stood on this picture you showed me before? 

Q. Well, if you can identify it, as to whether you 
can see any identification marks, any buildings or 
any shores that would identify it as a picture of Crow 
Lake? A. I think it looks like the north shore, as 
far as I have been, north shore of Crow Lake and 
across on the south. 

Q. To the right of that picture you see some 
buildings that you referred to as being north, in this 
picture, Sandvig's Exhibit 7. A. Yes, I think it is. 

Q. And to the left of that picture is a timber lot 
in which you see some buildings that you visited; 
did you note the buildings of Mr. Kittleson's on an 
occasion when Mr. Kittleson was not home but Mrs. 
Kittleson and undoubtedly the dog was at home? 
A. West? 

Q. To the left, that would be the east. A. Yes. 

Q. You recognize the timber lot and going up to 
the shore of the lake there ? A. I do. 

Q. As the building place that you visited on an 
occasion when Mr. Kittleson was not at home. There 
are buildings located in that timber lot, is there not ? 
A. Well, I wouldn't say for sure. 

Q. Well, after you visited George Pierce's place 
or after this photograph was taken south of Pierce's 
place, you did visit a building lot on the shores of the 
lake, in a timber lot further east? A. That is on 
the south fork; on the north shore ? 

Q. On the north shore of the lake; that is all 
the north shore. A. We may have; I wouldn't 
say for sure; I recollect there is some buildings there. 

Q. You recognize there is a building lot right 
up to the lake in that timber? A. No, I don't. 

Q. This is a view from the lake; was you there in 
the fall ? A. I was. 

Q. When the stacks were there? A. Well, I 
wouldn't recognize whose stacks they were; we saw 
a lot of them. 

Q. Well, there was a building spot on the shore 
of the lake, in Kittleson's place, of natural timber, 


73 


basswood and brush? A. I think there was build¬ 
ings down there; we paid no particular attention to 
the buildings. 

Q. But you was down there? A. Yes. 

Q. Then you saw those buildings; and do you 
remember any buildings east of Kittleson’s build¬ 
ings, referring to Sandvig’s Exhibit 5 and 5-E ? A. 
As to these buildings, I am not able to state much 
in regard to these buildings. 

Q. But you remember Jorgen Pierce's buildings; 
this is taken from the lakefront, but it will probably 
aid you in identifying the place. A. No, I couldn’t 
say. 

Q. Well, without using the photograph, using 
your memory, you remember that you told Henry 
Hendrickson that you had seen this place of Mr. 
Sandvig, the irrigation ditches and pipes, etc? A. 
I did not say that I saw the irrigation. 

Q. Well, you are one of the viewers, you remem¬ 
ber. A. I remember I am one of the viewers, yes. 

Q. And you remember you or one of the viewers 
spoke to Henry Hendrickson about having been at 
or near Mr. Sandvig’s place and that you had seen 
irrigation ditches and pipes ? A. I didn’t say any¬ 
thing of the kind. 

THE “FARMER” HAS THE GANG OF CONSPIR¬ 
ATORS EXPOSED.—THE VIEWERS PLAINLY 
FRAMED UP EVIDENCE FAVORABLE TO 
THE DITCH AND DID NOT PERFORM THEIR 
DUTY ACCORDING TO OATH. 


Q. Did you hear any of the other viewers say so ? 
You remember that you saw this place on the Peti¬ 
tioner’s Exhibit A marked Charles R. Sandvig? A. 
No. I did not see the place. 

Q. You didn’t know there was a place there? A. 
Well, I know there was a Sandvig living on that lake 
somewhere, but as far as where he was living, never 
been to the place. 

Q. Never been to the place? A. No sir. 

Q. Didn’t know there was any buildings or trees 
there? A. I have not been on the place; I didn’t 
know whether there was buildings or trees or bamboo 
poles or anything of the kind; I didn’t know anything 
about it because I have never been to the place. 

Q. Referring to petitioners’ Exhibit B, I wish 
you would step up here. In your duties you have 
run up against the mistake that a lot here belonging 
to Sandvig is marked on the map as church property, 




74 ' 


have you not? A. I have not. No, I won’t own 
up to a mistake UNLESS THE COURT SAYS SO. 

Q. What I mean is you have run against the fact 
that there is a mistake; you know of that particular 
mistake ^ 

Mr. Sullivan: Well now, just a moment; what 
difference does it make if there was a mistake ? This 
is a proceeding in rem. 

The witness: What I want to say, l am not re¬ 
sponsible for a clerical error in marking church 
property. 

Q. I am not holding you responsible. A. Well, 
I am testifying here now; just let me get through, 
and when I get through you can answer. And be¬ 
cause the engineers or whoever drew up the plat 
marked it church, that ain’t a mistake of mine. I 
won’t own to any mistake of that kind because it 
was not done by me, and I presume the land is des¬ 
cribed right, only just the name is Church showing 
on that plat; that is the only difference there is in it. 

Q. Well, is it not a fact that because of that 
mistake you had to make a special trip back to the 
vicinity of this drainage project? A. No sir; no 
sir. 

Q. The proceedings were held up, were they not, 
in order to give the viewers and engineer an oppor¬ 
tunity to make another trip down there and make 
another view of this property ? A. No sir. 

Q. In your previous testimony you have stated 
you didn’t know anything about buildings being lo¬ 
cated at Jorgen Pierce’s place. A. I saw build¬ 
ings, but I am not familiar with these names. The 
viewers went out there regardless of who owned 
the property; we took the property by description 
and nothing else. 

Q. As viewer your duty is to see whether there 
will be benefits or damages, is it not? A. Cer¬ 
tainly. 

Q. And you did not fulfill your duty in going up 
to those properties and investigating whether this 
drainage system would disarrange the building 
plans? A. I will not own up to it unless you 
show me where I did not fulfill my duties. 

Q. Well, you did not know Jcrgen Pierce had any 
buildings on the lake? A. I told you that we 
didn’t go out there according to the names; we went 
out there according to descriptions of lands. It is 
immaterial to the viewers who owns the property. 
On whoever’s name it is we just assess accordingly, 
and go out there and view according to the descrip- 


75 


tion of the property. The books, the records will 
show who is the owner; we don’t care whose name 
stands on a map or on a plat. 

Q. But in viewing to ascertain as to whether 
these properties would be damaged or benefited, did 
you take into consideration that this drainage pro¬ 
ject would for instance disarrange my building 
plans, leaving my buildings instead of on the shores 
of the lake, on the edge of a muck hole? A. Well, 
If I am allowed to answer your question and ask you 
this question: is there any benefited lands on yours; 
did the viewers assess you for any benefited land ? 

Q. Benefited lands? A. Yes. 

Q. Mr. Sullivan: I understand the record shows 
for added land. 

The witness: Well, I mean for benefited land. 

Q. Did you come to my place to see whether 
there would be any benefited lands? A. Because 
the engineers that have been around there, and they 
are our guides; we would never find these ditches 
if it hadn’t been for engineers and people that’s been 
over these grounds; and there is high bank and high 
shore along that side. But did you answer my ques¬ 
tion : are you assessed for any benefited lands ? 

Q. I don’t know as I will. In spite of the fact 
that I have some slough land, you had been warned 
to let me alone. A. If you had some slougn land, 
we would have found you. 

Q. Without looking for me? A. No sir. 

Q. I think that is all. (No ans.) 

Mr Sullivan: That’s all Mr. Lahr. 

10:15 A. M. Recess of ten minutes declared. 

Mr. Sandvig: I would like to give evidence, and 
I v/ill try and separate evidence from the arguments 
as far as I can. 

The Court: All right, take the witness chair. 

Mr. Sandvig: And I would also say that as it 
will require some preparation to arrange the argu¬ 
ments, if it would be satisfactory about the argu¬ 
ments, to let Mr. Anderson bring in his cases after I 
have given my evidence, and let me give my argu¬ 
ments at some other time. 

Mr. Sullivan: Well, it seems to me we ought to 
get at this systematically, and get this closed up. 

Mr. Sandvig: Well, it is an important matter, 
and involves my home and my family, and it takes a 
little preparation 

The Court: All right, we will hear you after 
dinner. Just take a seat, as they may wish to cross 
examine you. 


76 


THE “FARMER”—SCIENTIST’S CONTRIBUTION 
TO AGRICUTURAL SCIENCE—IRRIGATION 
WITH MUCK. 


CHARLES R. SANDVIG then took the witness- 
stand. 

Mr. Sandvig (as a witness): I wish to say that 
I have originated and developed a method of com¬ 
bining irrigation and dredging by which I dredge the 
muck with the water that will come with it, with 
what is known as a centrifugal pump, which is other¬ 
wise known as a dredging pump, and discharge this 
solution through pipes and ditches to the highest 
portions of my land from which it is utilized for irri¬ 
gation purposes; in the methods known, I believe as 
surface irrigation, the water carrying the muck and 
depositing it on the soil as the water seeps in in the 
process of irrigation. 

Paper marked for identification, Sandvig’s Ex¬ 
hibit 8. 

Mr. Sandvig (continuing): I will submit as evi¬ 
dence a drawing of my farm on a scale of 1-16 of an 
inch to the rod. This also includes a slip which is a 
copy of the exact shape of the added land that I 
would get by these proceedings, as copied from the 
engineer's map. 

The exhibit was then shown to Mr. Sullivan. 

Mr. Sullivan: No objection. 

The Court: Received. 

The exhibit was then shown to the Court. 

Mr. Sandvig: On this map this is the location of 
the dredging machine. This is looking north up the 
line of my land. And the muck solution is, pumped 
into one ditch, perhaps 60 feet from the muck hole, 
which is known as the lower ditch, a portion of 
which is also shown in Sandvig's Exhibit 5-B and 
5-C. Aside from this being a ditch, it is also a dem¬ 
onstration pool about two rods wide, built up with a 
retaining wall, into which the muck solution was 
pumped to demonstrate the portion of muck that 
would be deposited by this process when deposited 
in a pond instead of distributed over the field where 
it is difficult to ascertain the actual amount of muck. 
The portion of this along the straight line north¬ 
ward naturally lies sloping towards the lake, and in 
this particular instance it slopes; there is the end 
of a hill jutting down here, but it slopes down to a 
point about five or six feet; the ditch at the lower 
end; this retaining wall is probably six feet; it comes 
up to the edge of this hill where one side is built up 



77 


and the other side is on the level with the hill, and 
then dips across and leaves where there is also a 
retaining wall, but I do not have a photograph; and 
then the ditch is laid out at right angles following the 
contour of the sloping land with sufficient fall for 
flowage. This is known as the lower ditch and this 
will irrigate all land below the lower ditch; pumping 
to this ditch I only pump against an actual head of 
about ten feet. Then there is a double pipe line of 
four inch pipes, 550 or 600 feet to the middle and 
upper ditch. The middle ditch lies alongside of the 
upper ditch, and this lower is built up, and I state 
where these ditches are built up, they are built up 
with muck pumped out of the lake; this portion 
running northwards is built up and then it turns at 
right angles eastward, not necessarily following 
the contour of the land. The red portion shows 
where it was built up. The contour comes in this way. 
The object of laying out a third ditch is, at one time 
it was the north boundary of my land; double row 
of willows and the ditch runs between the rows of 
willows, and from the middle ditch I irrigated all 
property below the middle ditch down to the lower 
ditch. It is desirable to irrigate as much as possi¬ 
ble below the lower ditch in preference to the middle 
ditch, because the higher you pump the water the 
more power it requires; the pipe line may either 
be switched into either the middle ditch or the up¬ 
per ditch. The upper ditch is built up by throwing 
up from the inside retaining walls or dikes, and then 
pumping muck through this until it is filled up. You 
understand where each one is red lines, the upper 
ditches or any of the ditches is built above the level 
of surrounding ground, to points shown in dark lines, 
as for instance here, where we have the highest 
point on my farm; the land then slopes back towards 
the lake and can be irrigated from this ditch in those 
directions, and also slopes northward but not gradu¬ 
ally, crossing little hollows, a hollow here, about 
eleven inches at the lowest, and another hollow about 
the same depth, that is filled up in the same way. 
There is also a branch of the upper ditch going 
straight north except where branches or turns 
slightly to the eastward around a little knoll where 
there is located a gravel pitthat is above all the 
branches and cannot be irrigated, containing about 
two-thirds of an acre, and then continues on. 

Here is my building location, and here, referring 
to Sandvig’s Exhibit 5-E, we have a view of my 
buildings, built as they appear from the lakeshore; 


78 


reinforced concrete buildings, built in that location 
because of the lake view, half a mile or approximate¬ 
ly half a mile from the public highway which is at 
the opposite end of my narrow strip of property. I 
don’t know whether it would be proper evidence to 
state that except for the lake I would naturally have 
placed my buildings at the opposite end of the prop¬ 
erty. I think that is evidence. In Sandvig’s Ex¬ 
hibit 5-G, 5-F, 5-C, 4-B, 4_C, 4-D, we have lake views 
taken towards my property from the lake, from a 
boat in the lake, or taken of the lake, from the shore. 
In view, 5-D, we have a view of the lakeshore as seen 
from the bedroom windows during the blooming of 
the plums and compass cherries in spring time. The 
view is so taken as to show the window sash on 
either side. This does not represent the view that I 
and my family see from the bedroom window at all 
times. A view of the lake is not like a painting. It 
is changeable; it changes with the seasons; it 
changes with the shades of light, as for instance 
with sunrise, mid-noon, sunset, and the various 
shades of moonlight. (Witness resumes the witness- 
chair.) 

By this process of combining dredging and irriga¬ 
tion there are several benefits, in one simple opera¬ 
tion. The lake is improved by reason of the muck 
being removed. This muck, as has been testified— 
it is sometimes hard to separate evidence from argu¬ 
ments,—this muck is evidently, according to my in¬ 
vestigations and observations, decayed vegetation 
and valuable as a fertilizer. By this process of dredg¬ 
ing and irrigating this muck, which is a valuable fer¬ 
tilizer, is deposited on the land to enrich the land. By 
the same operation there is the usual benefits of irri¬ 
gation. A peculiar point in this process is that on 
sandy soils such as we have, referring to Sandvig’s 
Exhibit 3 (witness showing the court some muck) ; it 
is my conclusion from careful observations and con¬ 
sideration of the point that as an irrigation proposi¬ 
tion it is cheaper to irrigate with a muck solution 
than it would be with clear water. 

Mr. Sullivan: Than it would be with what ? 

Mr. Sandvig: It is cheaper to irrigate with a 
muck solution than it would be with clear water. 
Necessarily it cannot be claimed that a pump has a 
greater efficiency as to gallons in pumping 
muck solution, and it must be conceded that a dredg¬ 
ing operation however simple adds slightly to the 
cost of the operation At the same time, by reason 
of the fact that our soil is sandy and porous, the 


79 


muck solution will according to my experiments flow 
and 1 b . e m 1 ore effective by reason of the 
tact that the muck m the solution to some extent 
closes up the porous soil. It is my conclusions, there- 
tore, that ten acres could be irrigated cheaper and 
more effectively with so much less muck solution 
tnat it would be cheaper and more effective to irri¬ 
gate with muck solution than it would be with clear 
water. As a fertilization scheme there is nothing, 
no method known to agricultural science that ap¬ 
proaches it. Muck has been used as a fertilizer in 
parts of the United States, according to the United 
States Department of Agriculture, since the period 
of the Civil War. It has been used in other countries 
as a fertilizer for periods unknown to myself, prob¬ 
ably unknown in history. The methods have been 
crude, expensive, cumbersome, difficult. Muck as a 
fertilizer compared with barnyard manures has been 
claimed by some who have conducted field experi¬ 
ments to be more valuable in the long run than barn¬ 
yard manure. Applied directly on the soil there is 
this difference; barnyard manure applied thinly with 
a manure spreader, dragged in, is more effective im¬ 
mediately for the first crop or the first succeeding 
crop. The effects of the muck is not so apparent for 
the first crop as barnyard manure, but is effective 
after the appearances of the effect of the barnyard 
manure has disappeared. Doctor Alway, Chief of 
Division of Soils, of the University of Minnesota, 
who has seen this muck but did not analyze it, stated 
that in his opinion— 

Mr. Sullivan: Well now, just a moment, Mr. 
Sandvig. I think, your Honor please, I shall object 
to quotations from this Doctor Alway going into re¬ 
cord, as not the best evidence of that man’s opinion 
as an expert. 

The Court: Of course, it would be hearsay, you 
know, under the rule. 

Mr Sullivan: I move that part may be stricken. 

The Court: You may give us your opinion. 

Mr. Sandvig: You mean to object to any refer¬ 
ence to Doctor Alway’s opinion ? 

The Court: Yes, the law would require Doctor Al¬ 
way to come here and testify himself. 

Mr. Sandvig: I will submit without objection, be¬ 
cause I was simply trying to quote authority which 
was not as good as my personal experiments. As to 
the extent of the operation compared with hauling 
manure, I cannot state from my own experience what 
the cost of hauling manure with a manure spreader 


80 


will be. My property is located about a mile and 
a mile and a half according* to which end of it you go 
to, from the Village of Belgrade, and I have had some 
experience in hauling manure from the Village of 
Belgrade, and the best that I could do was to haul 
about four loads a day. I will not state just how 
many hours that took; it is possible that sometime 
was taken up in the chores in the morning, but it is 
my conclusions that three loads a day was usually 
pretty good, but sometimes four a day which was the 
best. The pumping operations as stated were origi¬ 
nated and developed by myself. I can pump muck 
out faster and more efficiently, at less, cost today 
than I could in 1909. My present outfit (showing 
the Court an exhibit) referring to Sandvig’s Exhibit 
4-A, is a picture of the last pump boat design as it 
appears when being pulled out of the waters of the 
lake at the approach of freezing weather. It is, as 
seen in the exhibit, so designed, containing a seven- 
horse kerosene engine and number three and a half 
centrifugal pump and perhaps more than one ton of 
reinforced concrete ballast; it is easily pulled out on 
shore by hand with the aid of a fence stretcher. 

Mr. Sullivan: With the aid of what? 

Mr. Sandvig: With the aid of a fence stretcher. 

Mr Sullivan: Oh, a fence stretcher. 

Mr. Sandvig: Rollers being used underneath be¬ 
tween the bottom of the boat and timbers; as seen 
in exhibit, it is not a complicated arrangement. The 
engine used is a kerosene internal combustion engine, 
contrifugal pump, No. 31 / 0 . There are different 
makes of contrifugal pumps. There is a great dif¬ 
ference in the efficiency of different makes. I would 
not state that any make of a contrifugal pump would 
have the same efficiency. At the same time it would 
seem to me as a personal or an advertising scheme to 
name this particular make of pump. I have tried 
other makes of pumps which did not claim and ap¬ 
parently did not have the same efficiency. In this 
particular make of pump the impeller of the pump 
had to be modified to adapt it for pumping muck. 
The modifications were simple and in my opinion 
would not affect to any appreciable degree the effi¬ 
ciency of the pump, but adapted it for pumping 
weeds, roots, moss, bull-heads, clam shells, or any¬ 
thing except solid stones above a certain size, with¬ 
out clogging up the center of the impeller. A cen¬ 
trifugal pump is an exceedingly simple machine 
which may be described as somewhat similar to the 
blower on a threshing machine. The difference con- 


81 


sists in,—that the centrifugal pump by the same law 
of physics pumps water as a blower on a threshing 
machine blows wind. It is necessarily made with a 
much smaller impeller than a blower because of the 
greater weight of water than wind, but otherwise 
the laws, the principle of its construction are identi¬ 
cal. There is no valves as we have in other pumps. 
As a blower on a threshing machine will not only 
blow wind, but will with the wind, take straw, some¬ 
times cyinder teeth, and on some occasions perhaps 
pitch forks, or particles, broken particles of the ma¬ 
chine, and fan them out through the blower,—on the 
same principle,—a centrifugal pump will not only 
pump water but will with the water take muck in 
suspension, or sand, stones within the limitations 
of the construction of the pump, roots, weeds, bull¬ 
heads, most anything you can imagine. The im¬ 
peller is connected on one end of a shaft to the other 
end of which is a pulley. The whole machine consists 
of this single running part. There is but the one run¬ 
ning part to wear and get out of order. Compared 
with other farm machines it is almost as simple as 
a plow; it is many times more simple, in fact as to 
simplicity would have no comparison with a manure 
spreader. The cost of operating this outfit on ten 
cent a gallon kerosene including other oils, but not 
necessarily including repairs which have been few 
and are difficult to estimate, would be within per¬ 
haps a dollar a ten hour day. The capacity of this 
outfit is rated at 370 gallons per minute; figuring 
that the elevation against which,—the total eleva¬ 
tion against which— 

Mr. Sulilvan: Pardon me, Mr. Sandvig, you said 
370 gallons,—I didn’t catch, per what? 

The Court: Per minute. 

Mr. Sandvig: Per minute, figuring a total eleva¬ 
tion including necessarily the actual elevation plus 
all friction in pipes, suction and discharge, of forty 
feet, total elevation of forty feet, requiring six and 
five-tenths horse-power. The actual elevation to 
which my longest lines of pipes discharge is about 
twenty feet. The power required for pumping to a 
total elevation of twenty feet would be only 3.49. 
To be fair I have allowed a friction resistance equal 
to the total elevation. In pumping to the lower ditch 
and somewhat to the middle ditch the discharge 
could be made greater or the power required would be 
considerably less. Its capacity as I have figured it 
would amount to in the neighborhood of 900 tons of 
muck solution for ten hours. The weight of gallons 


82 


is sometimes given in round numbers and sometimes 
in decimals. In decimals an American gallon con¬ 
tains 231 cubic inches, weighs 8.3356. If you find my 
total to be incorrect, kindly call my attention to it. 
It is difficult to state just what proportion of this 
is muck. I do not consider it very important by rea¬ 
son of the enormous amount of water that vege¬ 
tation or plants or fruits require during the year. 
I think the muck will be quite sufficient, whatever 
the proportion. In dredging operations it is figured 
that they dredge from ten to forty percent of solids, 
that is in dredging operations conducted in muck or 
sand or clay or blue clay. It is my opinion that there 
is no sqbstance that is easier to mix into a solution 
and pump than this decayed vegetation we call muck. 
It mixes very readily with the water. It does not set¬ 
tle rapidly. There is no difficulty with its settling in 
the pipes as would be the case with sand. There 
is no difficulty in its sticking as would be the case 
with clay. All conditions seem particularly favorable 
to this kind of an operation. If it is figured in suc¬ 
tion dredging operations to pump from ten to forty 
percent of muck or soids, it would seem a much 
greater percent could be taken of solids in operating 
in muck; but I do not consider it desirable to pump 
the solution of such a consistency as to be too de¬ 
cidedly sluggish. To be fair, as a matter of fact I can¬ 
not state mathematically; it varies; but I should 
say perhaps ten percent. Exhibits B and C will 
indicate the volume of muck; at ten percent in a 
ten hour day there would be at an operating expense 
of one dollar, plus labor, and repairs not included, 
—labor of one man,—approximately 90 ton of muck, 
not counting the water used as a carrier in the oper¬ 
ation and for irrigation purposes. Ninety ton of 
muck compared with four loads of manure shows 
decidedly a margin in favor of fertilizing land with 
muck. At the same time it must be considered that 
there are benefits derived from this operation as ir¬ 
rigation, as beautifying the lake and improving the 
lake as to beauty, improving the water front, im¬ 
proving the lake as to fish supply. I will omit the 
supply in this instance. And boating and ice. In 
my own operations,—I will strike that out, and be¬ 
gin at another point. In developing this process 
as may be expected I have been up against some new 
problems. I did not invent the centrifugal pump. 
I did not originate dredging with the centrifugal 
pump. But when I informed the manufacturers 
of my first pump that I had successfully pumped 


83 


muck solution with a No. 3 pump, they simply did 
not seem to. think, in fact stated that they did not 
know that it was practical to dredge successfully 
with such a small pump. Compared with other 
pumps, a No. 3 centrifugal pump, having a capacity 
of 360 gallons per minute, would of course be a very 
large pump. Compared with centrifugal pumps of 
other sizes, I believe a No. 20 pump is the standard 
size for dredging purposes. I do not have the 
figures here of the capacity of the No. 20 pump, but 
a No. 18 pump would have a capacity of 10,500 gal¬ 
lons per minute, as compared with 260 gallons, the 
No 3 pump. The larger the pump necessarily— 

Mr. Sullivan: If the Court please, I just want to 
interrupt for the information of Mr. Chute, the en¬ 
gineer. What was the diameter of your intake pump 
pipe, this one you have been describing with a capa¬ 
city of 370 gallons a minute, what is the diameter 
of your intake pipe? (Handing a catalog to Mr. 
Chute, seated nearby.) 

Mr. Sandvig: No. 3. 

Mr. Sullivan: No. 3%. 

Mr. Sandvig: No. 3% has 370 gallons capacity. 

Mr. Sullivan: Well, what is the diameter of the 
pipe which has a capacity of 370 gallons a minute 
and which pumps 900 tons in ten hours ? 

Mr. Sandvig: Mr. Chute has that. 

Mr. Sullivan: You said you had a seven-horse 
internal combustion engine in which you used kero¬ 


sene? 

Mr. Sandvig: 
Mr. Sullivan: 
gallon? 

Mr. Sandvig: 
Mr. Sullivan: 
6.5? 


Yes sir. 

And assume that to be ten cents a 
Yes sir. 

And the actual horse-power was 


Mr. Sandvig: Yes sir, according to the laboratory 
tests. 

Mr. Sullivan: And you raised that 900 ton of 
muck solution in ten hours with that horsepower and 
that kind of pump to an elevation of forty feet; am 


I quoting you correctly? 

Mr. Sandvig: Yes sir. Necessarily the larger the 
pump the less difficulty in dredging operations. 

Mr. Sullivan: Just one moment; if I might ask 
you; the suction of intake pipe you have there now 
in actual use, what is the diameter of that ? 

Mr. Sandvig: Five inches, I think. 

Mr. Sullivan: Is that the one that did this work, 
or was it a smaller one ? 


84 

Mr. Sandvig: That is the one I described as the 
pump I am now using. 

Mr. Sullivan: And that did this work ? 

Mr. Sandvig: Yes sir. With the very small 
pump there were principally two difficulties: obtain¬ 
ing a continuous supply of muck and screening out 
stones of an objectional size. Obtaining a continu¬ 
ous supply of muck was a gradual development of 
an arrangement of extending and swinging the in¬ 
take pipe. Screening out stones of an objectionable 
size was a difficulty not over come until I discov¬ 
ered the very simple principle that gravity would 
not only separate stones of objectionable size but all 
stones, and even fine grains of sand that, would 
readily pass through the pump but would neither do 
the pump nor the land any good. Separating stones 
and sand from the solution by gravity , simply con¬ 
sists in placing between the intake pipe and the 
pump a box which may be simply a home made dry- 
goods box, forming an enlargement of the pipe. The 
solution in passing through this box is checked in its 
velocity, and as a result either sand or stones will 
fall by gravity to the bottom of the settling box. 

Paper marked for indentification, Sandvig’s Ex¬ 
hibit 9, and shown to the Court. 

Mr. Sandvig: The result is that no stone of an 
objectionable size and but very little, very fine sand 
has ever passed through this settling box into or 
through the pump. The sand and gravel or stones 
are separated and deposited on the bottom of this 
box in such a condition that it would be,—apparently 
be fit for making concrete blocks; while the muck, 
weeds, roots, etc., pass right on to and through the 
pump. By this arrangement I have pumped muck 
as successfully with a No. IV 2 pump as might per¬ 
haps be done with the large dredging pumps. The 
extensions of the pipes consists in laying a pipe on 
the lake bed from the settling box to any desired 
point in the lake. This is referred to as the perma¬ 
nent portion of the suction pipe. It can of course 
at any time be extended to any new point in the lake. 
Connected to the far end of this portion of the suc¬ 
tion pipe, with what we may describe as a double 
elbow, is another suspended portion of the suction 
pipe. This suspended portion of the suction pipe is 
designed to swing with the double elbows, or with 
the nipple between the double elbows, as a sort of 
pivot. This is suspended between the bottom and 
the surface of the lake, not dragging on the bottom, 
not coming to the surface, lest any pipes would take 


85 


in air. To the end of the suspended portion of the 
intake pipe is a short section of pipe attached with 
an elbow as shown in drawing, Sandvig’s Exhibit 9, 
and also shown in photograph on Sandvig’s Exhibit 
4-C, in which it is lifted out of the water for the 
purpose of showing its position; in operation this 
point is let down to the bottom of the muck, adjusted 
to the bottom of the muck as shown in figure, the 
next below, 4-D. This end of the suspended intake 
pipe, with this end of the suspended suction pipe 
that attached intake pipe is suspended below the 
bottom of the boat in which the operator sits; the 
intake pipe is let down to the bottom of the muck; 
with a long handled mortar mixer’s hoe, the muck 
is loosened up and sucked away; when sufficiently 
cleared here at one point the boat is simply pushed 
forward a little which pushes forward the intake sub¬ 
merged pipe in a circle about the end of the perma¬ 
nent suction pipe. When a complete circle has been 
described with this operation, a five foot section is 
inserted in the suspended portion of the intake pipe 
or suction pipe, with the result that the operation 
is repeated five feet further out from the hub of the 
circle. The last extension used in operations in 1917 
placed the intake pipe at a distance of 85 feet from 
the hub of the circle; in other words, a hole was 
dredged in the lake 170 feet in diameter, as the 
figures give there on the drawing. Still, by reason 
of my many duties in building up a new home, re¬ 
quiring the building of buildings done by my own 
hands, I did not in 1917 pump as much as the season 
required. The improvement to the lake, however, 
was sufficient so that all industries in Belgrade as 
well as farmers could take all the clear ice they de¬ 
sired, and in my estimation there was as much or 
more left as what they took. In a season of low 
water in this or any mud lake the ice would be clear¬ 
er and purer by reason of the fact that the surface 
vegetation of the last years is removed. Another 
advantage may be derived in the fact that by this 
process a mud lake may be improved for supplying 
ice harvest at any convenient point where the muck 
is sufficiently deep. On Sandvig’s 4-E is shown the 
discharge of the two pipe lines; 4-E; the next one is 
4-F. 

The Court: Yes, that I presume shows the irri¬ 
gation ditches? 

Mr. Sandvig: Shows the distribution of muck so¬ 
lution in the process of surface irrigation. 4-G is a 
photograph taken of the muck deposits after one 


86 


irrigation operation, taken the day after irrigating 
when the muck with the water seeping away from 
it shrinks, cracks up into squares and blocks after 
which it gradually disintegrates until it is incorpor¬ 
ated completely and lost sight of in the soil. 4-H is 
a view in which the lower ditch is hardly if at all vis¬ 
ible, though located in the mid or near foreground, 
showing a heavy vigorous growth of raspberries 
on poor sandy soil, where not only the fruit but 
the new growth of plants and possible the whole 
stand would have suffered severely from such a 
season as 1917 in which the photograph was taken. 
The next is 4-1, is an ice scene, harvesting ice from 
the improved portion of the lake. Referring to the 
opposite side, referring to Sandvig’s Exhibit 5-A, 
is an experiment to determine the origin of muck; 
a slip of plant, such as the photograph, the name of 
which I cannot give, was cut on the approach of frost 
from a house plant which had been growing in open 
ground during the summer. The slip was an ordi¬ 
nary slip, perhaps four or five inches long, set into 
a glass of well water which is probably of the same 
kind of water as the spring water feeding Crow Lake 
springs. No soil was ever added to this water. More 
and more well water was added as it dried up, or 
was absorbed by the plant. I noticed by examination 
during the process of the experiment that the glass 
became discolored, translucent; the water was appar¬ 
ently quite clear. In the latter part of the winter a 
slip was cut from this plant, which had developed 
branches and root system in clear well water, and 
stuck into a pot of soil. And the potted plant is a 
photograph of the plant developed from this slip 
which has, however, developed in water, vitality 
enough to root itself into soil. 

12 M. Noon recess. Afternoon session, 2 P. M. 

Mr. Sandvig (continuing): The photograph of 
the plant suspended above the glass is the plant de¬ 
veloped entirely in water, photographed about Feb¬ 
ruary. It would seem apparent with this experi¬ 
ment that plants, some plants, some species of plants 
are capable of taking plant food from water and 
air. It would also seem apparent by this experi¬ 
ment that in the process of decaying this would 
build up muck. 

Mr. Sullivan: Now, your Honor please, without 
interrupting Mr. Sandvig, I guess it is not seriously 
disputed but what some plants do derive sustenance 
from air and water; certain plants do take nutriment 
from the air and water. 


87 


Mr. Sandvig: Well, that is a point your side have 
testified to, but I just furnished the evidence; it is 
already testified to by your expert testimony. 
- o- 

THE LAWYER EXPOSES HIS OWN TRICKERY 
AND INCONSISTENCY. HAVING AT THE BE¬ 
GINNING TRIED TO CONFUSE AND EMBAR¬ 
RASS THE “FARMER” BY OBJECTING TO HIM 
REVIEWING THE POINTS ON WHICH HE 
WISHED TO AGREE WITH THE EVIDENCE 
SUBMITTED BY THE PETITIONERS, HE HIM¬ 
SELF NOW BUTS IN ON IDENTICALLY 
THE SAME POINT—TO STATE THAT THEY 
AGREE WITH THE EVIDENCE TO WHICH 
THE “FARMER” FURNISHES PROOF. 


Mr. Sullivan: I think that was admitted, prac¬ 
tically. 

Thereupon, at the request of the witness, the last 
sentence of Mr. Sandvig’s testimony was read by the 
reporter: “It would also seem apparent by this ex¬ 
periment that in the process of decaying this would 
build up.” 

Mr. Sandvig: Vegetable matter from clear wa¬ 
ter ; and applying this to Crow Lake, with its vege¬ 
table growth, it seems it is provided by a law of 
nature a wise and beneficial law of nature, that the 
plant growth in this lake is taking from the spring 
water that percolates up from the gravel beds be¬ 
neath the hills, plant food, and in the process of de¬ 
cay of these plants, deposits this vegetable matter 
as muck on the lake bed, which can economically be 
pumped to the poor gravel soils by the methods origi¬ 
nated and developed by myself. Referring again in 
this connection to Sandvig’s Exhibit 2, which is a 
two-quart jar full of this Crow Lake muck, this jar 
filled to the brim with Crow Lake muck weighed 
at the time of filling four pounds six ounces. The 
same jar filled to the brim with lake water at the 
same temperature weighed four pounds and two 
ounces. The muck would therefore weigh only 
about eight ounces per gallon more than water. This 
also proves how readily this decayed vegetation will 
lend itself to being pumped in the manner described. 
Referring to Sandvig’s Exhibit 4-H is a photograph 
of two lots of potatoes raised each lot from nineteen 
hills the season of 1917; the lot to the right was 
produced on clover sod, well covered with barnyard 
manure dragged in after being applied, but was not 
irrigated and on ground that had not previously 




88 


been irrigated. The lot from nineteen hills of pota¬ 
toes under these conditions weighed at the time 
of being dug six pounds and one ounce. The lot 
to the left were raised on ground previously irri¬ 
gated with muck solution and irrigated during the 
season of 1917 with muck solution and the 
potatoes from nineteen hills raised under these con¬ 
ditions weighed at the time of being dug thirty-one 
pounds and four ounces. The benefit of this meth¬ 
od of pumping muck solution for irrigation purposes, 
which methods have now been perfected and. can 
be inaugurated by anyone under similar conditions, 
is that the lake as a supply for pumping muck solu¬ 
tion on my farm is worth more to me in an agricul¬ 
tural way for increasing crop production than the 
added land would be or could be. Referring to Sand- 
vig’s Exhibit 5-1, we have a photograph of a glimpse 
of the lower ditch as it winds around my house. 
By reason of my many duties as stated before, the 
season of 1917, we did not get the water through 
this lower ditch, this being a new arrangement, 
until the plums in the orchard had commenced, to 
shrivel up and drop badly. The grass was turning 
pale. When we got the water through,, the grass 
freshened up immediately. The immediate result 
on the plums was more rapid dropping for a short 
time, when the plums which were still alive freshen¬ 
ed up and developed a nice harvest of plums. My 
little farm, which as a matter of fact has proved 
more than I can take care of, for the purposes it is 
farmed, tree, fruit, garden truck, and small fruits, 
could not be operated as such if the source of supply 
of lake muck were removed. I also wish to state 
that in our reinforced concrete house, with full re¬ 
inforced concrete basement and concrete floor, we 
have in the basement a well with as good drinking 
water as I have tasted in my travels half way around 
the world. It is a well known fact and has been 
demonstrated within a mile of my own home, that 
for some reason a pipe driven down a few feet below 
the surface of the water will yield a bad tasting 
water, depositing a sort of dirty, rusty deposit in a 
vessel in which it is contained. It is probable if 
this ditch is established as laid out, within a short 
distance of my home, that the well, which could not 
under the conditions easily be made deeper, would 
dry up, and that under whatsoever conditions we 
would renew it we would come to that strata of bad 
tasting rusty water. The value of good drinking 
water is an asset to a family which cannot be stated 


89 


in dollars and cents. I also wish to state that I have 
not been selfish with the valuable methods developed 
by myself, and will submit as evidence (marked for 
identification Sandvig's Exhibit 10) the copy of a 
talk describing my methods before the convention 
of the Minnesota State Horticultural Society in De¬ 
cember of 1911. It is printed in the Horticulturist 
of April, 1912. 

Mr. Sullivan: That is objected to as incompetent 
and not the best evidence. 

Mr. Sandvig: I gave the talk myself. 

Mr. Sullivan: His talk in there isn't any better 
than anybody else's talk. The article in the Min¬ 
nesota Horticulturist is not competent evidence, I 
submit to the Court. 

The Court: No doubt about that; it is not com¬ 
petent. 

Mr. Sandvig: The publication is,a State publica¬ 
tion published by State funds appropriated by the 
Legislature from year to year. 

Mr. Sullivan: I understand the ruling of the 
Court is that the objection is sustained. 

The Court: It is not admissable in evidence. 

Mr. Sandvig: Under time and date, ten a. m., 
November 23rd, 1916, File No. F. A., I received a 
communication from the office of Public Roads and 
Rural Engineering, United States Department of 
Agriculture, in which they stated— 

Mr Sullivan: Well, now, just a moment; I object 
to his quoting from any such communication, as 
incompetent and not the best evidence. 

Mr. Sandvig: I have promised the United States 
Department of Agriculture, who have applied to me 
for permission to investigate these methods— 

Mr. Sullivan: Well now, just a. moment. 

Mr. Sandvig: In behalf of the United States De¬ 
partment of Agriculture, to defend this— 

Mr. Sullivan: Just a moment, I move this be 
stricken from the record as incompetent evidence; 
his application to the Department and whatever the 
response; whatever that is, I move it be stricken out. 

The Court: That indy be stricken; that is incom¬ 
petent. 

Mr. Sandvig: What is the Court's ruling as to 
what would be a competent way ? 

The Court: Well, as to your communications to 
and from the Department of Agriculture, that is 
entirely immaterial in this case. 

Mr. Sandvig: May be material in evidence under 
the present conditions. 


90 


The Court: Well, of course you may think so, 
but there are rules of law that govern what is 
admissable and what is not, and you have to go by 
those when you are in a court. 

Mr. Sandvig: It has been my observation that in 
the early days of my recollection having been born 
in the vicinity of Crow Lake, we did not suffer from 
the so-called dry winds or hot winds as we have of 
late years. Apparently the more lakes and swamps 
provided by nature to equalize the temperature and 
provide moisture have been drained, the more ef¬ 
fective and pernicious have become the so-called 
hot winds in destroying or stunting crops. It is a 
law of nature that the atmosphere in passing over 
the ocean will absorb only a certain amount of mois¬ 
ture in proportion to the atmosphere at ocean tem¬ 
perature; the ocean temperature is lower than land 
temperature; as the atmosphere sweeps in from the 
ocean over the land the temperature is raised. It is 
then capable of absorbing more moisture if there is 
inland lakes to absorb from; if there is not, it be¬ 
comes what is called a dry atmosphere and will not 
give up any of its moisture in the form of humidity, 
dew or rain, except it is again reduced to ocean tem¬ 
perature or unless it again absorbs more moisture 
from inland lakes. Inland lakes are a requirement 
provided by nature for maintaining humidity, dew 
and water supply. I will recall Mr. Chute. I think I 
am done. 

The Court: Cross examine. 

Cross Examination, 

By Mr. Sullivan: 

Q. Well, just a minute, Mr. Sandvig. How many 
acres of land are there in this farm of yours? A. 
Thirty-three acres and some fraction. 

Q. The past season of 1917 how have you utilized 
that? How has your farming or your gardening 
or whatever you do there been distributed by you? 
How much of the different varieties have you had; 
how many acres? A. The south nine acres, ex¬ 
cept for a slough covering perhaps three acres, is 
planted to,—I wonder if I have any figures on any of ' 
those exhibits. (Witness refers to a paper.) About 
300 plum trees and compass cherry trees. 

Q. Well, proceed, if you please, and tell us what 
the balance is. A. Perhaps an acre of raspberries, 
and perhaps about two acres devoted to strawberries 
and garden, with good protection of windbreaks 
around the buildings on the entire west line and also 
on the north line, and three and four rows of wind- 


91 


break trees; with two rows of apple trees, each row 
about one hundred rods long; the balance was plant¬ 
ed to timothy and clover, alfalfa, corn, fodder corn 
and beans. 

Q. How much timothy and clover, how many 
acres? A. Counting what is between the rows of 
apple trees, I would say about seven acres. 

Q. How long has that been seeded; how long have 
you had a catch of alfalfa? A. Alfalfa was plant¬ 
ed last spring. 

Q. How many acres of alfalfa? A. I think 
about three acres. 

Q. How many acres of beans ? A. I should say 
about an acre. 

Q. How about potatoes ? A. Some potatoes were 
included in what I have referred to as garden, and 
potatoes and corn on the north lot perhaps about 
three acres. Those are rough estimates, and I don’t 
know how they will compare as to the total. 

Q. For how many years have you been using 
this muck as a fertilizer ? A. It would be my recol¬ 
lection that I first started to pump in 1908. 

Q. Have you been using it continuously ever 
since? A. In my case it would be difficult to dis¬ 
tinguish between using and experimenting. I know 
in the first years my raspberries and strawberries 
often suffered badly while I had some portion of the 
pumping arrangement pulled out, to build it over 
again; but I was using it or experimenting with it or 
working it out during those years; I have used four 
pumps of different makes and sizes that I have 
purchased, besides one engine hired at times for 
the first season. 

Q. This past season of 1917 how many acres of 
your tract of land there did you top-dress with this 
muck as a fertilizer? A. The land lying below, re¬ 
ferring to Exhibit,—Sandvig’s Exhibit 8, the land 
lying below the middle and lower ditch, and the ap¬ 
ple trees on the west side. 

Q. Give us the approximate acreage. A. And al¬ 
so laid out and run the water for the first time 
through the upper ditch which had been constructed 
but had not been used before because of the wet 
seasons. 

Q. Will you please give me the approximate acre¬ 
age last season that you used this fertilizer upon as a 
top dressing, this muck or fertilizer? A. I should 
say perhaps twelve acres, and not taking into con¬ 
sideration that the upper ditch which has meant a 
considerable outlay of work was put into commis- 


92 


sion, but I can't say that I done any irrigating from 

Q. Well, do I understand your answer then to be 
twelve acres ? A. Twelve acres, plus. 

Q. Plus what? A. The putting into practical 
use throughout its length the upper ditch. 

Q. What was the nature of the crop or fruit or 
whatever it was that was raised on this twelve acres 
you speak of? A. Plums, compass cherries, straw¬ 
berries, raspberries, tomatoes; and the apple trees 
are in a state of development just beginning to 
bear, so the crop is not a consideration. 

Q. When this muck and water is pumped up do 
I understand you to say that you let it into some 
kind of a settling tank, or you simply distribute it 
into those ditches and allow it to flow off; is that 
right ? Which is it ? A. Your question covers two 
questions. 

Q. I will divide it so you will understand. I want 
to know whether when you pump that up you let it 
into some kind of a big basin where it settles, or 
whether you distribute it through pipes down along 
those ditches and allow it to flow off? How do you 
handle it. A. Well, the question is the same; I 
will answer it in part of my demonstrations referring 
to Exhibit 5-B and 5-C, the muck was run through^ 
pond for the purpose of letting it deposit its muck in 
the pond, as a demonstration of the quantity of muck 
carried by the water; also in constructing the upper 
ditches intended as being above the level of the 
ground, the ditches having been constructed by 
throwing from the inside outward, building up the 
bank the muck was run through. 

Q. Run through those ditches? A. Through 
those ditches until the muck had settled; building 
ditches up with muck has involved considerable work 
and did involve considerable additional work in 1917, 
which was completed, but in the simple operation of 
irrigation it is decidedly not desirable to run the 
muck solution through any kind of a settling basin. 

Q. What is the distance between your ditches, or¬ 
dinarily? A. You mean in the process of irriga¬ 
tion, the distribution ditches. 

Q. The distributing ditches, what is the distance 
between them? A. Well, in irrgating pota¬ 
toes we plowed a furrow with a shovel plow; unless 
the cultivator has left it in proper condition between 
each row, ditches run down between each row; straw¬ 
berries, raspberries the same; tomatoes in the early 
part of the season the same, allowing it to spread 


93 


out; practically the same in all garden stuff, allowing 
it to spread out so as to cover the ground more or 
less. 

Q. Well, it spreads just as far as the water will 
carry it, is that it ? A. The muck ? 

Q. Yes. A. As I have observed it both on cul¬ 
tivated ground and in the pasture I find deposits of 
muck after the irrigating just as far as I find evi¬ 
dence of the water having been distributed. 

Q. Well, it won’t distribute itself in that way to 
any particular diameter of muck, will it? By that 
I mean any considerable diameter, four or five 
inches; there would be simply a thin trace, wouldn’t 
there? A. Depth you mean; well, it depends on 
the time of pumping the muck that you pump will 
be distributed,—the muck that you pump during a 
given time will be distributed some way between 
the outlet of the pipe and the area irrigated; in 
building up the ditches some of it will keep on de¬ 
positing, will continue to be deposited in the ditche^ 
until the ditches have been built up so high that 
the water will carry as much as it contains. 

Q. What is the diameter of that discharge pipe 
you have there? A. Well, it is really a double dis¬ 
charge pipe by reason of the fact that I could obtain 
four inch boiler flues as scrap iron, entirely service¬ 
able for the purpose, very much cheaper than stand¬ 
ard pipe. 

Q. I don’t care anything about that; what is the 
diameter of the discharge pipe ? A. The two lines 
of pipes are each four inch boiler flues, which has a 
slightly less diameter than the four inch standard 
pipe. 

Q. Well, do you have a discharge from both pipes 
at the same time? A. At the same time, the en¬ 
tire discharge is divided between the two pipes. 

Q. Well then the discharge from those two pipes 
would exceed the diameter of your intake pipe, would 
it? A. Well, I should hope so. 

Q. It does so, doesn’t it? A. The intake pipe 
is five inches. A four inch boiler flue represents four 
inches from outside to outside of the. pipe. It is not 
a standard pipe. I would say that it has an inside 
diameter of about three and three-quarters inches. 

Q. Three and three-quarters; that would be sev¬ 
en and a half total diameter of your discharge pipes; 
is that right? A. Well, you wouldn’t have the 
area of a seven and a half inch pipe by any means. 

Q. Well, what would you figure the area to be? 
A. Well, I think your engineers can figure that out. 


94 


Q. Well, you are quite an engineer yourself; can't 
you figure it out? Well, without giving the totals, 
it would be greater than five inches, wouldn't it? A. 
Well, that is a technical question that can easily be 
determined, and I might make a mistake in answer¬ 
ing off hand. I think your engineers can figure, but 
I should hope it would do. 

Q. Are these two discharge pipes movable so that 
you can move them from one place to another? A. 
Well, to perhaps a greater extent than standard pipe 
they can be; of course, any pipes can be moved. 

Q. What I mean. A. But they are not laid 
down to be moved around, for the purpose of irriga¬ 
tion, when the pipes are used to the upper ditch 
the water flows through the pipes and through the 
upper ditch to any portion of the land. 

Q. Now, have you noticed there that you can 
raise better crops than your neighbors ? A. How is 
that? 

Q. Do you claim you are raising better crops than 
your neighbors? A. Than my neighbors? 

Q. Yes. A. Well, I am raising what my neigh¬ 
bors cannot raise at all; in the dry season, my neigh¬ 
bors fail entirely on tomatoes. 

Q. Your neighbors do not make any specialty of 
garden stuff, do they ? A. Well, it is a tendency to 
specializing; it is probably less gardens raised there 
today, in spite of the fact that country people like 
garden stuff better than they used to, than there 
were say fifteen to twenty years ago by reason of 
the many failures in garden truck in that kind of 
soil by reason of drouth. 

Q. So far as garden water is concerned for gar¬ 
den purposes, it would be practical to have a well and 
windmill and you could pipe water for garden pur¬ 
poses, couldn't you? A. Well water would be ob¬ 
jectionable for two reasons. In the first place it is 
cold; it would require expensive equipment to have 
it warmed sufficiently so that it would not actually 
harm garden truck by reason of its being cold. For 
another reason, this kind of soil washes badly. It is 
too thin as it is. Turning clear water into a dust 
mulch will wash that dust mulch from the higher to 
the lower ground. The muck solution is charged 
with all the muck that it is capable of carrying, and 
as it seeps into this soil it deposits its muck from the 
place where it starts as far as it goes. 

Q. The effect of your pumping and dredging oper¬ 
ations has been to take the muck out of a consider¬ 
able area, that is where they had been cutting ice you 


95 


say; is that right ? A. I have dredged in my ex¬ 
perimental work, I might say that the first year of 
actual right down pumping I done with the perfected 
outfit was last season. It is the same outfit I had 
perfected and put in commission the season before, 
but the season before was a very wet season. I have 
done more or less pumping during all the years I have 
been perfecting these methods, but had to a con¬ 
siderable extent covered the same ground, by reason 
of the fact that the muck drifts in and by reason of 
the fact that I believe I have given in direct testimony 
that in the spring time of the year when the frozen 
muck deposits in shallow water along any bay floats 
to the surface and can be moved as ice floats; I take 
advantage of the winds and jerk loose these floats 
allowing them to drift with the wind to where I 
have pumped, where they fill up again. The area 
cleared up in my operations last summer was a circle 
about 170 in diameter. 

Q. Now, Mr. Sandvig, if this lake were drained, 
that is the water taken out of there in the manner 
described here by Mr. Chute, the engineer, by a ditch 
on the level, you wouldn't expect any considerable 
portion of that muck to be taken out of that lake by 
and through the waters of the ditch, would you ? A. 
You mean by sides sliding down into the ditch and 
washing out? 

Q. And going out this ditch is on the level, and 
there wouldn't be any considerable quantity of that 
muck leave the lake, would there ? I don't say there 
wouldn't be any, but there wouldn’t be any to speak 
of. A. My experience with that muck has been de¬ 
cidedly that it moves every time with the water; 
it adapts itself very readily to flowing with the 
water. In pumping through my pump it is sucked 
directly into the intake pipe; it is churned up by the 
impeller of the pump. 

Q. That is because you have a suction, isn't it? 
A. I operate the intake for the purpose of taking in. 

Q. I say there is suction there ? A. There is a 
suction. 

Q. Now, you wouldn't expect to find any suction 
of that kind in this ditch as the water would settle, 
would you? A. Well, I can see that it is a propo¬ 
sition that might have some comparison. It is on a 
big scale in a different way. It is possible in case 
of a wet season immediately after the ditch being 
dug or while it is being dug and perhaps within a 
few years afterwards that an enormous amount of 
this muck would wash down through the ditch. 


96 


Should we have a period of abnormally dry years 
with practically no rainfall it is still my opinion with 
my experience that that muck is decidedly,—that it 
lends itself very readily to being moved by water; 
and if the Court will permit I would like to add an¬ 
other experiment of mine; would it be in order here ? 

Q. Now, just a moment please; answer my ques¬ 
tions on cross examination. A. It has a bearing on 
your question. 

The Court: Now, I understood your testimony on 
direct to be that you stood in a boat all day or had 
somebody standing in a boat all day, and with a rake 
agitate this muck, did you ? 

The Witness: Well, that is not quite the descrip¬ 
tion. I do not desire to agitate it. It would probably 
amount to the same thing in your estimation. 

Q. Suppose you tell us what you did do. A. 
Wait a minute; I will try and answer the Judge's 
question. 

Q. Very well. A. The intake pipe is run down 
to the bottom of the muck layer, not necessarily 
down into the gravel or blue clay. The muck as long 
as it is supported by the pressure of the water does 
not cave in as it does when it is lifted m»ove the 
surface. You can take a pointed shovel and lift up 
to the surface what would make a very big scoop 
shovel full. As soon as it is raised above the sur¬ 
face it runs off. It is necessary to start it, and I use 
a long handled mortar-mixer’s hoe and reach out 
and just pry it down so as to start it, not desiring to 
agitate it; in fact I consider I do the best work when 
I keep the intake point so clear that I can see it. 

Q. Well then you do stir up to a certain extent 
around about your intake pipe, don’t you ? A. To 
a certain extent. 

Q. The Court is correct when he says you did 
testify here you had a man in a boat with a rake 
doing that very thing? A. To loosen it up? 

Q. Yes, that is true? A. Yes. 

Q. Now then, suppose this ditch is dug and there 
isn’t anybody stirring it up, as the water gradually 
recedes out of the lake won’t this muck and stuff 
that is there gradually settle down? A. Well, I 
tried to answer that question by my experiment. 
- o- 

THE LAWYER HAVING RUN INTO A HORNETS’ 

NEST OF FACTS DEMANDS OPINIONS RATH¬ 
ER THAN PROOF. THE “FARMER” GIVES 

HIM BOTH. 

Q. Well, give us a straight answer. What do you 



97 


think about that ? Yes or no. I am asking for your 
opinion now. A. Yes, I understand; my opinion 
certainly is that if it is required that the ditch be 
level for three miles lengthwise it would have to be 
level almost to the same extent sideways. 

Q. That ain’t what I asked you. Now, get your 
head down to my question. Assuming that this 
ditch is dug the way it is proposed here,—you have 
heard the description of it; as that water recedes, 
in your opinion will that muck and stuff settle down 
there, or float off in the ditch? Which will it do? 
A. It is my opinion that the weight of the entire 
banks will cave right down into the ditch. 

Q. What is your opinion, assuming that the 
ditch is dug on a level there, as to this muck; will 
it be carried off, this valuable fertilizer, into the 
ditch out of the lake, or will it settle down and stay 
there? A. In my opinion the banks will cave into 
the ditch, and then if there is considerable rainfall 
it will of course wash over the top of the filled-in 
ditch. 

The Court: Well, I understood that no ditch 
would be put into that lake until the lake water was 
practically drained off. 

Q. Yes, you heard there wasn’t any ditch going 
to be dug back of station 90 until 1920? A. Yes. 

Q. If the water is drained off and there isn’t any 
ditch there at all, that stuff will all settle down ? A. 
There is nothing I know of that dries so slow,—as 
slow as muck. 

Q. Well, if the water is drained off it will have to 
stay there, won’t it? A. Well, I conducted an ex¬ 
periment. 

Q. Well, never mind your experiment now. 
Where would it go to? Why don’t it stay there? 
A. If there is a retaining dam put in there ? 

Q. I don’t put in any retaining dam; I just take 
it as it is on these specifications, and give me your 
opinion as to what will happen to the deposit under 
those conditions. A. If only the water is with¬ 
drawn the muck will be left just about as it Is, ex¬ 
cept that in the east end where the level of subter¬ 
ranean water is perhaps slightly lower than the 
present level of the lake, the muck would dry on the 
immediate surface but remain wet underneath. 

Q. Well now, if it is muck you want and it stays 
there and the lake is dried out, you could go down 
there with a horse and wagon and shovel it out, 
couldn’t you? A. I could probably with a team 
of horses haul as much as ten loads a day with harder 


98 


work than is required to pump ninety tons plus, in¬ 
cluding the muck, about 900 tons of muck solution. 

Q. Well, you could have a continuous source of 
fertilizer there that you could go and get it with a 
horse and wagon, wouldn't you? A. With pro¬ 
hibitive labor. 

Q. You call it prohibitive labor where a farmer 
goes and hauls manure from his barnyard? A. 
On that poor soil. 

Q. Well now, you answer my question; you call 
it prohibitive labor for a farmer to go and haul barn¬ 
yard manure out on to his farm ? A. On that poor 
soil I don't know farmers making very much of a di¬ 
vidend and keeping up the fertility of their soil. 

Q. Well, you know that every farmer that is 
worthy of the name hauls out the manure on his 
farm doesn’t he? A. I suppose what he has. 

Q. Well, he certainly does not haul what he has 
not got; I presume he has some and hauls it; you 
know that every farmer that is worthy of the name 
tries to haul out the manure he has on his farm ? A. 
Yes sir. 

Q. Well, if your statement is true why do the 
farmers do it? A. Because until I developed this 
method they didn’t have it. 

Q. Has anybody else around the lake, has any¬ 
body else living and owning land around that lake 
attempted to use this muck the way you are doing? 
A. Tom Quistberg who has testified here, bought a 
pump for that purpose, to pump the muck out of his 
spring, but as he didn't stay on the farm I don't think 
he did it. 

Q. Did anybody owning land around that lake 
attempt to do this with the muck, what you are do¬ 
ing? A. Not to the present time. 

Q. And you have been at this thing since 1908 ? 
A. In an experimental way. 

Q. That is ten years ? A. Yes. 

Q. Now, when you speak of the cost of bringing 
that stuff out of the lake the way you do, you have 
got the first investment, whatever it is, for your en¬ 
gine and equipment, haven't you ? A. Yes. 

Q. Yes. Second, you have got the investment 
for your kerosine oil; I am not asking what it is; 
that is an item of expense? A. That is running 
expense. 

Q. Then you need some lubricating oil, I suppose? 
A. Yes. 

Q. And then it requires the labor of one man at 
least at intervals to look after that engine; and equip- 


99 


ment? A. Yes sir. 

Q. Then you have got to have this fellow in the 
boat and the rake to stir this up for you at times? 
A. Well, I have been operating the entire outfit my¬ 
self, doing the work in the boat, and at times going 
ashore looking after the ditches. 

Q. Well, it would require at least the continuous 
labor of one man in this entire operation ? A. Yes. 

Q. Well now, have you ever figured out in dollars 
and cents how much it cost you for your irrigation 
and fertilizer per acre, or anything of that kind, per 
season? A. Well the cost is not large; the cost is 
very small. 

Q. You have got to make some allowance for re¬ 
pairs and wear and tear of machinery? A. There 
being but one running part on the pump, the wear 
and tear of machinery is exceedingly small. 

Q. I thought you had either worn out or used 
four pumps in this ten year period. A. I have not 
worn out four pumps; I have used them experiment¬ 
ally, pumps of different makes and different sizes. 

Q. Always wear and tear on your engine, isn’t 
there ? A. Certainly. 

Q. Well, the fact is you cannot give us in dollars 
and cents how much it costs you per acre per season 
to fertilize and irrigate that land, can you? A. 
The cost per acre would be more difficult than the 
cost per hour or day, because seasons vary. 

Q. Yes, that is true; well, give us the cost per 
day? A. I would say that at ten cent kerosine,— 
I have bought it nine and a half or ten,—at ten cent 
kerosine I think a dollar would cover the cost of kero¬ 
sine and lubricating oils. 

Q. Well, what is a man’s labor worth by the day ? 
A. I have had no repairs that I can think of on the 
spur of the moment on this last outfit for two 
seasons. 

Q. What is a man’s labor worth by the day? A. 
Under present conditions, conditions of 1917,1 should 
say perhaps two dollars and a half, the same as any 
other farm work. 

Q. Then there would be three dollars and a half 
without counting the wear and tear of machinery 
or equipment? A. You can allow that. 

Q. Yes, or without saying anything about in¬ 
terest on the money you invested in the original cost 
of the equipment; ain’t that true ? A. Yes, I think 
so. 

Q. Now, those potatoes you were talking about; 
you got naturally a light gravel soil there on your 


100 


farm, haven’t you? A. I have a sample, referring 
to sample, Sandvig’s Exhibit 3. . 

Q. That is from your meadow; I am talking about 
your land. A. It is light, sandy soil. 

Q. Some gravel? A. Gravel underneath. 

Q. Gravelly subsoil? A. Gravelly subsoil. 

Q. Yes; and these potatoes, in 19 hills of potatoes 
you raised only six pounds; those pounds were with¬ 
out any fertilizer or manure of any kind? A. It 
was on clover sod, well top-dressed with manure. 

Q. You are sure you didn’t take that in some 
little gravel knoll? A. Well, I was very busy, and 
I told my wife to dig them impartially and take them 
just as they came, and I think she did. 

Q. The other one, you gave it a good flat coat of 
muck and kept off all water ? A. I gave the whole 
piece a coat of muck solution after I started it, be¬ 
cause that is very quickly done. 

Q. Do you know what kind of a potato crop there 
was in that community there last year? A. I 
think it was a small crop. 

Q. Don’t you know that the 1917 potato crop was 
a good crop ? A. On decent heavy soil it is. 

Q. Some of it is good soil? A. I wouldn’t call 
the light gravel soil good decent heavy soil. 

Q. Don’t you know that down around that sec¬ 
tion of the country where Mr. Hendrickson lives and 
here around the south and east of Crow Lake, there 
was a good potato crop last year? A. Hendrick¬ 
son, Erickson and John Quistberg lives on compara¬ 
tively lower soil, not so high above the subterranean 
water, and I believe considerable soil. 

Q. Well, there was a good potato crop around 
there? A. I would assume that he would have a 
much better crop than we would. 

Q. Probably a good deal better farmers than you 
are; that is another reason, isn’t it? A. Well, 
that is a personal question. 

Q. The fact is you are, to say, meandering 
around with this stuff and experimenting to raise 
anything? A. No. 

Q. Isn’t it a fact that your fruit trees all look 
as though they were sunscalded and required atten¬ 
tion, and they look as if they were not thrifty; isn’t 
that true? A. I am sure I have the thriftiest 
orchard on that gravel soil, but there may be a few 
apple trees that have died for the same reasons fruit 
trees in Minnesota will die under the best of condi¬ 
tions. 

Q. I guess there isn’t any question about that, 


101 


they will die. Do you keep any stock on that farm ? 
A. Yes sir. 

Q. How much? A. I have now four cows, and 
four calves, between yearlings and calves. 

Q. Have you any other well on that farm except 
the one you say you have in the basement? A. I 
had one dug at a point from which I have later re¬ 
moved my barn, it has not been used for three or 
four years. 

Q. Well, you can get water from that compara¬ 
tively easy by driving a well reasonably deep, can't 
you? A. Well, it is not considered difficult to get 
water there, but it would require,—it would be dif¬ 
ficult to re-dig my well in the basement. 

Q. I think you said you are afraid if this lake 
is drained it will dry out your well that is in the base¬ 
ment; is that right? A. Undoubtedly. 

Q. You think you have spring water there, don’t 
you? A. Well, the water,—spring water,—the 
whole territory with exceptions here and there is 
gravel and the water seeks its level in the gravel, but 
not in the same way as in the lakes; there will be a 
fall along the drainage systems in the gravel, where¬ 
as in a lake of course the lake seeks absolutely its 
own level. 

Q. You think the effect of this ditch will be dif¬ 
ferent on your well from what it is on the spring up 
at Wiebe’s, do you ? A. Well, that is a point. Well, 
I think that the water in that gravel is under the 
same conditions. That is my opinion. 

Q. What is that last? A. It is my opinion 
the water in that gravel is found under the same con¬ 
ditions, in the two places indicated. 

Q. And the result would be the same in each 
case? A. That is my opinion. 

Q. How far is your well from the lake? A. I 
should say about thirty rods. 

Q. Do you think the distance would have any 
particular,—make any particular difference thirty 
rods away, and a spring right on the shore of the 
lake ? A. Let me get that question definitely. 

Q. I say do you think it would probably 
make any difference, the effect of this ditch on a 
spring that is right at the shore of the lake like 
Wiebe’s and a spring, if there is one, up there at your 
house from which your well derives its water sup¬ 
ply ? A. Well, I believe that the water would be af¬ 
fected in the same way, making allowances for the 
difference of a few rods which perhaps would not be 
very great. 


102 


Q. I believe that is all. A. I would like to add 
to my testimony that in the dry season of 1910 I 
scraped some of this muck from along the lake- 
shore, some of which was dumped in my raspberry 
patch and cultivated in and some dumped in scraper 
fulls on idle land. 1910 was perhaps the driest sea¬ 
son that has ever been known, was to my knowledge. 
The winter of 1910-11 had practically no snow. The 
spring of 1911 had little or no rain. This muck 
was left as it was dumped out of the scrapers. 
It dried and crumbled on top, looked like an ash pile 
in fact. In showing to a visitor in the latter part of 
June these muck piles I kicked off the dry crumbled 
surface, took out a handful of muck and squeezed 
the water out of it. 

Q. Is that all, Mr. Sandvig? A. I think that 
is all. 

Q. Just one more question. Suppose as Mr. Chute 
claims and Mr. Lahr claims, the effect of this ditch 
is to have this settle down so that it will be dry 
enough you can plant crops on: wouldn’t this muck 
on this added land you are getting be an ideal place 
for vegetables and say currant bushes? A. Let 
me get your question. 

Q. Assuming that this lake bed will settle down 
and dry out so that that muck is left there, as was 
done in Sand Lake as described here by Mr. Lahr 
and Mr. Chute,—you heard that testimony ? A. 
Yes sir. 

Q. Assuming that that would do that: wouldn’t 
it be an ideal place to raise vegetables and things you 
raise in your garden, right there on this muck of the 
added land ? A. I couldn’t offer any conclusive con¬ 
clusions from my experiments. 

Q. Never mind your experiments; assume what 
these men say; don’t you think it would be an ideal 
place for a garden? A. Assuming that it becomes 
dry muck, I cannot say that that muck in itself, with¬ 
out having sand added to it, would make a good soil. 
It is a rich fertilizer added to our gravel soil. 

Q. You think it would be too rich? A. Well, it 
is not altogether a question of too rich. We want 
bread and butter, not butter alone. 

Q. Did you ever raise any celery? A. No, I 
have not. 

Q. Did you ever see it raised ? A. Yes. 

Q. Do you think that ground would be too rich for 
celery? A. You mean the muck bed? 

Q. Yes sir. A. I think so; celery is raised in 
drained peat land; I don’t know of any instance 


103 


where lake muck has been used successfully for cel¬ 
ery, not to my knowledge. 

Q. Isn't peat, the ordinary term for peat, isn’t 
that decayed vegetation, dried out? A. Well, the 
peat and the lake muck may be different. 

Q. Well, they may be, but they are both vege¬ 
table, decomposed, dried out matter, ain’t they? A. 
The muck is more completely. 

Q. Is more what ? A. More completely decayed 
vegetation; what I would call peat is a root system of 
small roots in the process of decay. 

Q. Well this stuff here is rich in plant life; you 
say it makes a good fertilizer ? A. It makes a good 
fertilizer. 

Q. Oh, I believe that is all. That’s all as far as 
I am concerned. 

SAMUEL S. CHUTE, a witness on the part of the 
Petitioners, was then recalled, for the purpose of 
cross examination, and testified as follows: 

Examination conducted by Mr. C. R. Sandvig: 

Q. It was brought out in your testimony, that as 
far as all exhibits yesterday, that it was proposed to 
start dredging at a point in the east end of the lake, 
was it not? A. Yes sir. 

Q. And drain out the water before dredging the 
remainder of the lake? A. Yes sir. 

Q. It was also brought out that in figuring the 
estimated cost of the ditch you had figured, included 
the excavating of the atmosphere that would be left 
between the settled muck and the lake level before 
it was,— before the water was let out ? A. Yes sir. 

Q. Do you consider that an evidence of capability 
in an engineer? A. I do not. I consider that an 
evidence of carelessness. 

Q. You told us you have been an engineer for 28 
years? A. I said I had been an. engineer for 33 
years. 

Q. Thirty-three years. A. Old enough to know 
better. 

Q. Would it be possible for an engineer with 
thirty-three years’ experience to overlook such an 
error as that? A. Oh yes, possible, anything is 
possible in that line. 

Q. You expected or intended that these farmers 
who object to the whole proposition should have to 
pay for excavating that air ? A. No sir, I did not. 

Q. Is it not a fact ? A. I first filed no plans for 
the excavation of that lake, but specified that the 
contract should be let in 1920. Since then my men 
have prepared that Ehibit 2, and since the mistake 


104 

was discovered they have prepared it under my di¬ 
rection and corrected it. 

Q. Is it not a fact that in allowing for excavating 
air you had a secret understanding that the con¬ 
tractors would refund that money and that it would 
be divided in some way? A. Not that I know. I 
have not had much experience in excavating air any¬ 
way. The contractors are not paid for those esti¬ 
mates. The estimates are stated in the specifications 
as only approximate, and they are paid for actual 
measurement for what they excavate. 

Q. That is all. (No answer.) 

Mr. Sullivan: That’s all, Mr Chute. 

Mr. Sandvig: As stated to your Honor at the in¬ 
termission this is not an easy strain, and by reason 
of the fact that my testimony was nof- finished before 
noon I am not prepared to sum up, and in fact I am 
willing if necessary all the other work be finished be¬ 
fore I sum up with arguments. 

The Court: All right. I presume you will make 
your argument when final arguments are made. 

Thereupon, a recess at 3:30 P. M. was declared. 
- o- 

THE "‘FARMER” GOES AFTER SCIENTIFIC EVI¬ 
DENCE—THE ORIGIN OF MUCK. 


Page 27 of Transcript: 

Mr. C. R. Sandvig examining F. G. Bradley, ass’t. 
engineer:— 

Q. As to the character of the muck have you had 
any sample of it tested by any soil expert ? A. No 
I have not. 

Q. How did that muck come to be there? A. 
Decayed vegetable matter. 

Q. Where did the vegetable matter come from ? 
A. From the leaves and sediment and rushes and 
soil decay, in there, from being water soaked. 

Q. Is it possible to draw any vegetable food from 
the water and air with the vegetable growing in the 
lake ? The wild rice, would it draw any plant food 
from the water and air? A. Yes, that is probably 
what the rushes and that stuff live on. 

Q. They draw plant food from the water and the 
air and decomposing deposits decayed vegetation ? 
A. It does. 




105 


WHAT CONSTITUTES “SUFFICIENT DEPTH 
AND VOLUME” FOR “BOATING” AND “FISH¬ 
ING” OF A “SUBSTANTIAL” CHARACTER— 
WHEN A MAN, BROAD AS HE IS LONG, AND 
WEIGHING ABOUT 215 LBS. IS IN THE HABIT 
OF FALLING OVER BOARD ? 


Page 97 of Transcript:— 

Mr. C. R. Sandvig examining Mr. Thomas Quist- 
berg: 

Q. You have a boat at your home, have you not? 
A. Yes sir. 

Q. You keep it at your home in Belgrade where 
you live? A. Yes sir. 

Q. You have a trailer on which you put that boat, 
a two wheel cart on which you put the boat? A. 
Yes. 

Q. And you have an automobile? A. Yes; have 
now. 

Q. And you go fishing sometimes ? A. Yes. 

Q. When you put the boat on this trailer hitched 
up behind the automobile it is just about as conven¬ 
ient for you to go to any lake regardless of distance? 
A Yes, within a reasonable distance. 

Q. You go fishing with your father sometimes? 
A. Yes. 

Q. When you have been fishing with your father 
did your father ever fall over board? Yes. 

Q. He has fallen out more than once ? A. Yes. 
Q. Quite a job getting him back in the boat 
again, is it not; it is a difficult job to get him back 
in the boat again after he falls out? A. Yes. 

Q. How heavy a man is your father? A. About 
215 lbs., something like that. 

Q. How heavy are you? A. About 175-80 
pounds. 

Q. That’s all. (No answer.) 

-o- 

THE “FARMER” ACTS AS ATTORNEY FOR A 
POOR NEIGHBOR. 


The Court: Mr. Sandvig, are you ready to go on 
with the Kalland matter? 

Mr. Sandvig: I think so, your Honor. 

Thereupon the court read the written objections 
filed by Henry Kalland in this proceeding. 

Mr. Sullivan: Has Mr. Sandvig any interest in 
this land, or does he appear as attorney? 

The Court: As attorney, he signs himself. 

Mr. Sullivan: So far as I am concerned, I am will- 





106 

ing to waive all claims, if the State of Minnesota 
will waive all claims. 

The Court: This is Henry Kalland’s case. There 
is a strip four rods wide along the south line of the 
NWi/4 NWi/4, Section 30, Township 123, Range 34. 

Mr. Sullivan: What town is that ? 

Mr. Sandvig: Crow River. 

The Court: All right. Have you any witnesses? 

Mr. Sandvig: Why, this is,—I suppose I ought 
to be qualified to testify in regard to this, in view of 
the fact that I was raised on the farm of which this 
is a part. 

The Court: All right, take the stand. Want him 
to testify by question and answer ? 

Mr. Sullivan: No, let him go on and say what he 
wants to; we will get it more quickly, and if there is 
anything I think is incompetent I will move to strike 
it out. 

The Court: Go ahead. 

Mr. Sandvig: The objections have been read in 
part, so far as I thought of them at that time. The 
ditch will cut off a portion of this poor man’s land 
and disfigure his home. 

Mr. Sullivan: And what? 

Mr. Sandvig: Disfigure his home, the lot that is 
his home. The ditch will also lower the water out of 
his well, and under the condition in that gravelly 
country we have a very good strata of pure drinking 
water on the surface. Underneath this is bad wa¬ 
ter. Just how bad, or how badly this might affect 
his life and health is an open question. The lot also 
contains a little natural timber about his home, and 
the lowering of the water under that gravelly soil 
would cause these trees to dry up, and this would 
disfigure the attractions of his home. The strip also 
contains a small amount of slough land, and this is 
sufficiently drained in my judgment and more drain¬ 
age would drain it too much. My father was the first 
settler in the southwestern part of Stearns county 
and the first man to turn a shovel in drainage. I 
have watched his work and tried to profit by it, and 
the drainage of those peat soils has been disappoint¬ 
ing. I have tried to investigate the matter and get 
the opinions of authorities and profit by the experi¬ 
ments of other neighbors, and altogether it seems 
to be the same; the peat soils are not as valuable as a 
soil. 

Mr. Sullivan: Just a moment; may I interrupt 
Mr. Sandvig? Is this land of Kalland’s peat land? 

Mr. Sandvig: Well, the portion of the land I re- 


107 

ferred to as slough would have some of this peat on 
it. 

Mr. Sullivan: Well, go ahead. 

Mr. Sandvig: This peat land or slough land, 
whichever you would call it, seems lacking in some 
way as a complete soil. In its natural condition it 
is true that sometimes it is flooded so that you can't 
get use of it in the early part of the summer, but 
usually you can get the hay at some time of the year; 
but when thoroughly drained it has been disap¬ 
pointing in different ways. Thoroughly drained in 
dry years it seems to dry out like a dry sponge. 
Capillary attraction does not seem to be effective for 
some reason in this peat soil to the same extent it is 
in our gravelly soil, perhaps for the reason 
that it is underlaid with an impervious layer of blue 
clay, or other physical reasons. In wet years this 
peat soil when thoroughly drained as far as ditches 
are concerned will still be bad in the same way, as a 
sponge lying under a dripping faucet, and in wet 
years it is cold and raw and soft. So peat lands 
have been disappointing when thoroughly drained. 
This land of Mr. Kalland's as it is, is in my opinion 
drained just to about the best point. More drainage 
would make it of less value. Even if the waters 
stood somewhat higher in that gravel, to have it a 
little higher, I think it might rather improve this 
particular strip because it is a strip along the tim¬ 
ber, and it seems that this poor man has been over 
looked entirely. 

The Court: In what way do you mean ? 

Mr. Sandvig: His name does not seem to be on 
the viewers' reports and it is not carried out on the 
maps, and there is an indication in this that there is 
an intentional injustice made by the engineers and 
viewers because they postively or probably believed 
that this poor man would not be able to hire a lawyer 
to represent his case. 

Mr. Sullivan: Now, if the Court please, I move 
that be stricken out as to assumptions and opinions 
of that kind that the viewers thought this man was 
poor and couldn't hire a lawyer, and I ask the Court 
to direct Mr. Sandvig to confine himself to testimony 
and not criticizing the viewers and engineers. 

The Court: Yes; of course that will be a matter 
of argument, Mr. Sandvig. 

Mr. Sandvig: Well, I will call Mr. Lahr. 

Cross Examination. 

By Mr. Sullivan: 

Q. Well now, you wait a minute until I cross ex- 


108 


amine you. This strip Mr. Kalland has a four rod 
strip? A. Yes sir. 

Q. Does he own any land north of that on that 
forty? A. No, he doesn’t own any land north, but 
he owns some land south. 

Q. What land does he own? A. The road kit- 
ter-corners through his land and cuts off a little cor¬ 
ner of what was formerly Oscar Johnson’s land, 
leaving it on the same side of the road as his strip, 
and he has bought that little corner. 

Q. How much does that little corner amount to? 
A. Constitutes 3-16 of an acre. 

Q. 3-16 of an acre? A. That is outside the 
four rod strip. 

Q. Does this ditch as staked out take up this four 
rod strip ? A. The plat is evidently wrong. 

Q. Have you been on the ground? A. Yes sir. 

Q. Did you see the stake line? A. Yes sir. 

Q. Where does the stake line run with reference 
to this four rod strip ? A. The stakes would enter 
—according to the stake line it would take his south¬ 
west corner and practically the whole strip at that 
end, and then it runs out to the north. 

Q. Well, how much ground would it take there 
from this man in running the ditch where it is 
staked ? A. I have not surveyed; that is what the 
engineer should have done. 

Q. Well, can you tell me approximately what it 
will take according to the stake line ? A. I cannot. 

Q. For what distance does it run and what width 
is taken there, and perhaps we can figure? A. It 
runs a little north of east, but I couldn’t say just at 
what angle. 

Q. Is the full width of this ditch according to the 
stake line taken at any place wholly from Kalland’s 
land? A. I think it would be. 

Q. Where? A. Where it enters his land on the 
west end of it. 

Q. And how far does the full width continue on 
that four rod strip? A. Well, the ditch bears to 
the north I think, at once. 

Q. Runs immediately off of it, doesn’t it? A. 
Well, not so immediately. 

Q. Well, how many feet? A. I can’t give you 
the angle, but I think it is turning off right at the 
west edge of his land. 

Q. The ditch turns right at the west corner of 
his land ? A. It bears to the north. 

Q. Well, then it is a very trifling that that ditch 
takes from him in the way of actual amount of land ? 


109 


A. Well, if it would be a big rich man I should say 
yes. 

Q. You don’t seem to be willing to talk. How 
much does it take? A. I am not willing because I 
don’t know. That is what the engineers should have 
stated. 

Q. Do you know whether it touches his strip at 
all ? A. I certainly do. 

Q. Well can’t you tell us how far, if you certainly 
know. A. Well, I know where it enters the land 
and I know where it bears to the north a little. 

Q. Immediately? A. Well, it bears to the 
north immediately, but how much or what angle I 
can’t give. 

Q. Well, if this takes anything for ditch purposes 
it is a very, very small part, and you know it; ain’t 
that right? A. Well, I would say if it was a big 
rich man’s land it would be a very small amount. 

Q. I am not asking whether it is a big rich man’s 
land, but you know at this time how much was 
taken? A. No sir, I don’t know the area. 

Q. Well, if you don’t, how can you compare it to 
a rich man or a poor man ? A. Well, a little piece 
of land looks big to a poor man. 

Q. The trouble is you can’t tell us whether it 
takes any. A. Yes sir, I can. 

Q. How much does it take ? A. I can’t tell. 

The Court: How many acres has Mr. Kalland al¬ 
together ? 

Mr. Sandvig: Well, both this four rod strip and 
the little corner wouldn’t amount to quite two acres. 

The Court: Does he also have the corner south¬ 
west of the road ? 

Mr. Sandvig: Yes sir. 

Q. 3-16 of an acre. A. Yes, that is what his 
deed calls for; that is besides the four rod strip. 

The Court: And what is that land worth in its 
present condition? 

Mr. Sandvig: Well, as a matter of fact, Mr. Kal¬ 
land don’t want the ditch. 

The Court: Well, I am asking you how much that 
land is worth. 

Mr. Sandvig: That would be a very difficult 
question to answer for another man, in view of the 
fact that it is only two acres which constitutes a part 
of his home. 

Mr. Sullivan: Well, the Court was inquiring 
about the 3-16 of an acre. 

The Court: No, the entire four rod strip. 

Mr. Sandvig: Yes sir. 


110 


The Court: Don’t you know the land ? 

Mr. Sandvig: Yes sir. 

The Court: Don’t you know the value of lands in 
that township ? 

Mr. Sandvig: Take off the buildings, and restored 
to Linderholm’s farm, I should say it would be worth 
perhaps in the neighborhood of one hundred dollars 
an acre. 

The Court: I am asking what that land that Kal- 
land owns. 

Mr. Sandvig: As a home lot it would necessarily 
be worth very much more because of the fact that 
his improvements are on it. 

The Court: Very well; let us have it. 

Mr. Sandvig: Well, as a home lot, two acres con¬ 
stituting a home lot; if that land is a portion of a big 
farm, is worth— 

The Court: No, that is not it; that land as it is, 
belonging to Kalland, how much is it worth, if you 
know? 

Mr. Sandvig: Well, I should say three hundred 
dollars an acre. 

The Court: Very well. Three hundred dollars an 
acre. 

Mr. Sullivan: Well, does your Honor think the 
ditch don’t follow the strip? 

The Court: According to the plan it enters on 
that strip. 

Mr. Sullivan: Yes, at one corner, and then angles 
almost immediately. 

The Court: Well, the way the drawing is, the 
ditch has a station right in his center; I don’t know 
how accurate this is. 

Mr. Sullivan: As I understand, it does not follow 
the strip; it angles off to the north. 

The Court: Have you seen the stake line on that 
land? 

Mr. Sandvig: Yes sir. 

The Court: Will you take a piece of paper and 
draw Mr. Kalland’s land, and also put on the stake 
line. 

Mr. Sandvig: Well, if you have a plat I think I 
can show you. 

The Court: Well, if you will draw one, we will 
take that as your testimony. 

The witness, Mr. Sandvig, then made a diagram on 
a piece of paper. 

The Court: Call it Kalland’s Exhibt 1. Any ob¬ 
jection to its reception? 

Mr. Sullivan: No. 


Ill 


The Court: Received. 

Mr. Sullivan: I understand this is the four rod 
strip and this is where the ditch comes in and angles 
to the north and leaves it up on Linderholm’s land. 

The Court: Now, what part of the four acres has 
he his buildings on? 

Mr. Sullivan: Two acres, your Honor. 

Mr. Sandvig: Two acres. 

The Court: I mean the four rods. Will you 
designate them on that strip ? 

Witness indicates on the exhibit. 

The Court: Near the road, all right; square near 
the road, I will mark it “A”, designates the build¬ 
ings ; and what are those buildings ? 

Mr. Sandvig: It is a frame house, and I think a 
little stable. 

The Court: And what use does he make of this 
strip ? 

Mr. Sandvig: Well, it is used primarily for build¬ 
ing lot and pasture. 

The Court: Pasture; does he use the entire strip 
for pasture? 

Mr. Sandvig: I think so. 

The Court: Has it fenced? 

Mr. Sandvig: Yes, I believe it is; my recollection,, 
this fenced with netting. 

The Court: Are you related to him ? 

Mr. Sandvig: No sir. 

The Court: You say you have a power of at¬ 
torney from him to represent him ? 

Mr. Sandvig: Yes sir. 

The Court: Is that power of attorney in writing? 

Mr. Sandvig: Yes sir. 

The Court: Will you kindly hand it to the Re¬ 
porter, and have him mark it. 

Document produced by the witness, handed to the 
Reporter, and then marked for identification, Kal- 
land’s Exhibit 2. 

The Court: Any objection to the receipt of this 
power ? 

Mr. Sullivan: No objection. 

The Court: You.can make a copy, Mr. Reporter, 
and give the original back to Mr. Sandvig, and let 
the copy stand in place of the original. 

Q. Now, on this plat of yours, Mr. Sandvig, Kal- 
land’s Exhibit 1, where that ditch according to your 
outline crosses diagonally the corner of that four rod 
strip, that is slough land right there, ain’t it? A. 
Yes, I should say in that particular point or about 
probably five or six rods east on the south line of 


112 


that point, I think the line is just about on the edge 
of the timber. 

Q. Well, don’t you think that ditch is in fact a 
benefit to that little slough corner? . A. No, for 
reasons I have given I do not think it is. 

Q. Well, you haven’t any other reasons to give 
except those you have already given have you ? A. 
Well, my proportions there are not correct; a ditch 17 
feet deep would cut up the entire four rods as far as 
it goes through. 

Q. It couldn’t cut up the entire four rods if it only 
runs across that corner, could it; how do you figure 
that out? A. Well, the ditch there would be about 
16 feet deep, would it not; 15 feet? 

Q. I don’t know. A. Well, perhaps 14 feet 
deep, and if it runs on a level from the lake it would 
perhaps be 14 feet deep, and you allow for the width 
of the ditch at the surface and the banks, I don’t 
think you would have very much left of that four 
rods. 

Q. Does the slough on that Kalland land run back 
to the road that is in front of the house ? A. The 
slough there is square with the lines; as I said, the 
line would run into the timber south, would run into 
the timber I think, about five or six rods, perhaps, 
form the west end. The timber is in the form of a 
point there, but from there on why the line would 
cut into the timber slightly varying depths, all along 
the whole distance. 

Q. Well, where the public road crosses across 
Kalland’s four rod strip there, is that timber or 
slough, or what kind of land is that? A. At the 
point where the road crosses the highway it is equal¬ 
ly divided, with perhaps slightly more timber. 

Q. Well, is it slough or high land? A. Well, 
the north edge would be slough, and the south por¬ 
tion would be high land. 

Q. And how far from the road is the house and 
buildings? A. Well, the house would only be a 
distance of a few rods, perhaps six or seven rods or 
such a matter. 

Q. Is the house east or west of the road, or north 
or south, or how is it located with reference to the 
road? A. Well, the house would be northeast of 
the road; it would be east of the road at one point and 
north of the road at another point, the road turning 
there. 

Q. What kind of a well has Kalland got now on 
his land? A. Open well; I have not seen his well. 

Q. Do you know how deep it is ? A. I don’t 


113 


know as a fact, but I should judge not very deep, per¬ 
haps eight or ten feet. 

Q. Your idea is if this ditch is cut through there 
it is going to destroy the well, is that it? A. Yes. 

Q. Dry the water all away ? A. Well, it will 
lower the water. 

Q. Well, that depends on how that well is fed, 
whether from springs in the earth or from the 
slough, isn't it? A. Well, there is no question on 
that point, with gravelly soil, the water in that grav¬ 
elly soil is very much the same as a lake. 

Q. Well, how do you know that well ain't fed by 
springs that the ditch wouldn’t have any effect on 
perhaps ? A. Well, what is called a feed spring is 
a water-bearing stratum of sand lying in impervious 
clay loam. 

Q. You don't know whether I mean that or not. 
I mean in the usual expectation of a spring when a 
man digs a well and water gushes in sufficient quan¬ 
tity to make it not a hole in the ground but a well; 
do you know anything about that well at all; did you 
help dig it? A. No, I did not. 

Q. And you don't know what its source of water 
is except as you speculate on it ? A. I don't specu¬ 
late on it in that country. I know that country; I 
know the gravel and the subsoil and what will hap¬ 
pen. 

Q. You have never had any experience with the 
effect of a ditch on such a situation as this, have 
you. A. Well, my father has been ditching there 
for the last 50 or 60 years. 

Q. Did he ever create such a situation as this is ? 
A. Yes, most certainly, our wells have been drop¬ 
ping down, with the drainage for years and every 
time the ditches have been dug the wells have 
dropped. 

Q. Haven't they dropped according to tillage and 
cultivation? A. Not according to tillage and cul¬ 
tivation, but according to drainage. 

Q. And isn’t it true where there wasn't any drain¬ 
age the wells and creeks have become comparatively 
in the last fifty years with less water in them? 
A. I have traveled extensively over this State and 
in other countries, and I have never found a single 
place where the water has lowered except where it 
may be accounted for by the drainage. 

Q. Well, that's all. (No answer.) 

The Court: Anything further, Mr. Sandvig? 

Mr. Sandvig: That is all I wish to say. I will 
call Mr. Lahr. 


114 


THE “FARMER” BRINGS OUT DAMAGING AD¬ 
MISSIONS AND THE GANG OF CONSPIRA¬ 
TORS IS IMPLICATED WITH “OTHER INTER¬ 
ESTS” THAN AGRICULTURAL INTERESTS. 

P. N. LAHR, a witness on the part of the Petition¬ 
ers, was then called for the purpose of cross exam¬ 
ination, and testified as follows: 

Examination conducted by Mr. C. R. Sandvig: 

Q. Mr. Lahr, you are a retired farmer ? A. 
Yes sir. 

Q. How many years did you farm ? A. Pretty 
near all my life. 

Q. You know something about the way farms are 
laid out ? A. A little something. 

Q. When you drive up to a place you can pretty 
near tell by the arrangement of fences and buildings 
just about how much land belongs to a certain set 
of buildings, can you not? A. To a certain set of 
buildings, I think I can, that is within the enclosure 
of that fence. 

Q. Now in fulfilling your duties as viewer in 
following the line of the ditch from the lake you 
came to a place where buildings and fences indicated 
that the ditch was crossing property not indicated 
on the maps, did you not ? A. Not indicated on the 
map? 

Q. Yes. A. I wouldn’t say it. 

Q. But refer to Exhibit. A. I wouldn’t say 
as to that not indicated on the map. 

Mr. Sullivan: You followed the stake line, didn’t 
you? 

The Witness: Why yes. 

Q. You followed the stake line and at this point 
here, you remember there was a fence here and build¬ 
ings inside of that fence, and that that evidently was 
not part of the Linderholm farm at that time ? A. 
I don’t know as to the names of the farmers. Yes, I 
noticed there was a fence there somewhere. 

Q. And you noticed there was buildings inside 
that fence? A. Close to the fence. 

Q. Well, you noticed that was a separate property 
that was not accounted for in the reports of the en¬ 
gineer? A. You mean on the north of that fence? 

Q. Well, it would be on the south. A. What I 
am referring to is this fence right where that ditch 
goes. 

Q. You remember where that ditch crosses the 
road, do you not? A. Yes sir. 

Q. And at a point slightly south, west of where 



115 


the ditch crosess the road, the ditch cut off the cor¬ 
ner of the property there, about four rods wide. 

The Court: NW NW, 30, Crow Lake? 

Q. This would be Crow River town. A. The 
NW of the NW, Town of Crow River, Section 30 ? 

The Court: Yes. 

The Witness: If I am not mistaken, there is a 
fence on that line. 

Q. Did you notice there was buildings there? 
A. On the north side of that fence? 

Q. No, it would be on the south side of the fence. 
A. South side of the 1-16 line, or which ? 

Q. .The buildings would be immediately,—well, 
in the timber there southeast, south on the east side 
of the road south of that bridge. A. Yes, near 
the road running south from Belgrade. 

Q. Well, this is not the Belgrade road; this is a 
road that used to be, Belgrade. A. There is a 
road further east, running south from Belgrade. 

Q. Yes. A. Near that road. 

Q. No, this is the old road, the road running fur¬ 
ther west. A. Yes, I understand; I think I do. 

Q. You didn’t make any report of that property 
at all, did you ? A. Well, I fail to find it here, yes. 

Q. Let’s see what notes you have on that. A. 
Well, these are my own individual notes. 

Q. Did you have notes there at all on this prop¬ 
erty? A. Well no. 

Q. You know very well, you don’t; well, why 
don’t you think it is your duty as a viewer to take 
notes on every property affected by the ditch, isn’t 
it ? A. I don’t know as it is. 

Q. Well, you noticed property then? A. Well, 
we saw land there, yes. 

Q. You saw the ditch was cutting through and 
damaging it? A. We followed the stake line, and 
if I am not mistaken it just touches the corner a 
little; I wouldn’t say this positive. 

Q. It cuts off a little; you didn’t think a poor man 
would hire a lawyer and fight ? A. We didn’t know 
who the man was, whether he was rich or poor; we 
didn’t inquire whether rich man or poor man living 
there, and we didn’t inquire the names there; that 
didn’t cut any figure with us. 

Q. Lots of the things that you did do that is your 
duty to do? A. Well, I presume we done our duty. 

Mr. Sullivan: As I understand, you took that as 
a part of that forty? 

The Witness: Yes, that is the way it was taken. 

The Court: No, this is the way they returned it: 


116 


NW Vas NW14 of Section 30 (Crow River town) less 
the east 48 rods of the south four rods, and less the 
west 24% rods of the south 48 rods which they re¬ 
turned. 

The Witness: Well, then we did return it. 

The Court: Rut you left out the four rods? 

The Witness: Well, I wouldn’t say that; I haven’t 
got any notes to that effect here. There is quite a 
lot of property around in that locality, which is cut 

^Mr. Sullivan: I presume the state of the record 
as to this tract is that there isn’t any assessment 
from the viewers with reference to it ? 

The Witness: No. 

Q. Nor any damages? 

The Court: And he has appeared by attorney. 

Mr. Sullivan: He has appeared and submitted to 
the jurisdiction of the Court, but I would go ahead 
and take the testimony and make the assessment 
one way or the other. 

The Witness: I would say then that it was mere¬ 
ly property omitted; an oversight. 

The Court: Well, what do you think about it? 
Here is Kalland’s Exhibit 1. Assuming that drawing 
to be correct, you think that land will be adversely 
affected? You think the ditch would damage that 
land, cutting off that corner. 

The Witness: I can’t exactly recall that I was on 
that place, but I have no notes of it. 

Q. Is it not a fact that you did not care for the 
interests of Mr. Kalland or anybody else effected 
by this ditch? A. No sir, that is not a fact. 

Q. Is it not a fact that you had “other interests” 
in mind in making your report of this ditch ? A. 
No sir, we had the ditch in our mind and assessments 
of land. 

Q. The ditch would in some way affect “other 
interests” than farmers ? 

Mr. Sullivan: Now, did you hear his question: 
that the ditch would affect “other interests” besides 
farmers ? 

The Witness: With the viewers ? 

Mr. Sullivan: Yes, that is what he wants to know. 

The Witness: I don’t know how he wants his 
question answered. 

Mr. Sullivan: I don’t know whether you under¬ 
stand the question. 

The Witness: We had other interests in mind? 

Mr. Sullivan: That you had some other people not 
farmers interested in this ditch at all, that went 


117 


to you as viewers and improperly influenced you. 

The Witness: No sir, no sir. Nothing of the 
kind. Nothing of the kind. If that is the way he 
puts the question, nothing of the kind. I wouldn’t 
want to be a viewer, if that was used on me I would 
resign. 

Q. You know Mr. Borgerding, in Belgrade? A. 
Yes sir. 

Q. And you smoke a cigar with him? A. Yes 
sir, I smoked with him. 

Q. And in fact you don’t know how many cigars 
you did smoke? A. No sir. Whenever I meet him 
we smoke a cigar. 

Q. And you talked this ditch over with him? A. 
We talk ditch, yes sir. 

Q. And Mr. Borgerding was pretty much inter¬ 
ested? A. About ditching, in a general way. 

Q. Mr Borgerding was pretty much interested in 
this? A. Well, I don’t know how deeply he was 
interested, but he knew we were viewers and when 
we stopped at the hotel he came in and asked us how 
we were getting along. In fact I have stopped there 
before, being on the County Board committee, and 
every evening I stopped there I noticed he would 
come and buy a cigar or two and put them in his 
pocket. 

Q. And when he knew you were a viewer he put 
a cigar in your hands instead of putting them both 
in his pocket? A. Certainly. If you would offer 
me one I would smoke with you. 

Q. Is there another man you came and talked 
with as much about this ditch while you were in that 
territory around Belgrade as Chris Borgerding? A. 
Well, as I say, Mr. Borgerding came there every night 
around that hotel, practically every night. I have 
been stopping off and on at that hotel for the last 
three years, I think about a dozen times before this, 
and every time I was there Mr. Borgerding came in 
in the evening, and came in and sat down and bought 
cigars and played cards, and while he was there he 
offered me a cigar and I took the cigar and smoked 
it, and if you had come in and given me a cigar you 
would have been recognized in the same way. 

Q. Did the landlady of the hotel ever tell you that 
Mr. Sandvig wanted to see you at his place ? A. I 
think she did. 

Q. As a matter of fact you have said you did not 
know anything about this place. A. I don’t know 
now. 

Q. You say you are through that place, you said 


118 


you don’t know whether there were buildings there 

or not? . ... 

Mr. Sullivan: Well, has this anything to do with 
the Kalland matter? 

Mr. Sandvig: Yes it has an important bearing, 
what I am trying to bring out. 

The Witness: I can say this to the Court, if they 
let you and me go together they won’t do much of 
anything else today. 

12 M. Noon recess. Afternoon session, 2 P. M. 

Q. Mr. Lahr, you know that Mr. Borgerding is a 
banker, do you not? A. Yes sir. 

Q. He has a good sustantial bank ? A. I should 

think so. . _ A , 

Q. As far as you know, he is reputed to be worth 
about a million dollars? A. Oh, I wouldn’t say. 

I don’t know that. 

Q. You know bankers make money by loaning 
out other people’s moneys that are deposited in the 
bank? 

Mr. Sullivan: Just a moment. Mr. Borgerding is 
not here and is not represented, and I think I shall 
interpose an objection on behalf of the petitioners 
that this is incompetent, irrelevant, immaterial, in- 
admissable, and no allegation in the objections of Mr. 
Kalland of impropriety or improper methods on the 
part of the viewers. I think this is bordering almost 
on scandal. 

The Court: The objection to this question is sus¬ 
tained. 

Mr. Sandvig: Well, that is all, I guess. 

Mr. Sullivan: That is all, Mr. Lahr. 

C. R. SANDVIG then testifies as follows: 

Referring to Objectors’ Exhibit 28 and Objectors’ 
Exhibit 27, we have a photograph of Mr. Kalland cut¬ 
ting ice. Mr. Kalland is a laboring man, and has to 
my knowledge had something to do with ice cutting, 
—either he has contracts for cutting ice, or taking 
ice for a number of years, I think off and on as long 
as he has lived there. And as Mr. Kalland is an ob¬ 
jector to the drainage project, it is only fair to him 
that this be considered. The lake is a means of sup¬ 
port to him to that extent, that it furnishes a job or 
contract in the winter time. I think that is all. 

SAMUEL S. CHUTE, a witness on the part of the 
Petitioners, was then recalled, for further cross ex¬ 
amination, and testified as follows: 

Examination conducted by Mr. C. R. Sandvig: 

Q. Mr. Chute, in the different exhibits I don’t 
find Mr. Kalland’s property. Why has that been 


119 


omitted? A. I donT know. Mr. Lang looked that 
up the other day. Did he give you a sketch of that, 
that you brought here ? 

Q. Yes, but they were brought in here this morn¬ 
ing, or he made another one this morning, and I sup¬ 
pose he took that with him, or didn’t he have any of 
these with him? A. I don’t think he had any of 
these numbers; they are not on the tax list. It was 
not considered benefited property and they didn’t put 
it on. 

Q. And it was not awarded any damages, and it 
was not on the maps ? A. I don’t know; maybe his 
name was not on the tax lists. We took the descrip¬ 
tions from the tax lists, and took the names from 
the tax list. 

Q. He is old enough to be on the tax list. A. Oh 
yes, he is old enough; there is lots of boys are not on 
the tax list. This may be on the tax list. 

Q. Well, it is your duty to put everything there 
that is there, isn’t it ? It seems to me there is a lot 
— A. I don’t know; you perhaps know what our 
duties are better than I do. We attempted to do our 
duties. 

Q. You say you attempted; there has been con¬ 
siderable heresay about your qualifications and I 
wish you would clear them up. Is it not a fact that 
you are a confirmed and habitual drunkard? A. 
No sir. 

Mr. Sullivan: Just a moment, I object to that as 
incompetent and an impertinent question. 

Mr. Sandvig: I think it is an important question ? 
There is so many mistakes in the work of the en¬ 
gineer, I think it ought to be explained; if he was in¬ 
toxicated I think it ought to be brought out. 

The Court: You haven’t asked him that. The ob¬ 
jection to the question is sustained. 

Mr. Sandvig: Well, so many mistakes, and we 
don’t know why. I suppose that will be all. 

Mr Sullivan: That’s all Mr. Chute. 

Mr. Sandvig: I think that will be all the evidence. 


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